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Related Flashcards
Cards In This Set
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Battery
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1. Acts with intent or substantial certainty2. To Cause3. A harmful or Offensive Contact (Body/Offensive: offends reasonable sense of dignity)4. Harm Occurs
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Waters v. Blackshear INTENT
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FIRECRACKER CASE Intent can be found through behavior. Intended to put firecracker in shoe.
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Polmatier v. Russ INTENT
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SCIZOPHRENIA CASE An actor must have desired a harmful contact or believe contact was SUBSTANTIALLY CERTAIN to result. Do not need to intend harm.
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R2T S895j
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An insane person may have an intent to invade the interest of another, even though his reasons and motives for forming that intention may be entirely irrational.
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Nelson v. Carrol HARMFUL CONTACT
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GUN/NIGHTCLUB CASE All you need is intent to commit an act. It is enough that the defendant sets force in motion which ultimately produces the result.
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Gunn v. Robertson DAMAGES
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Special Damages (things you can quantify: past wages, future wages, medical expenses both future and past. General (harder to quantify: pain and suffering) Fault can be a percentage
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R2T s19 OFFENSIVE CONTACT
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Contact that is offensive to a reasonable sense of personal dignity, it must be one which would offend the ordinary person as such one not unduly sensitive.
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Leichtman v. WLW Jacob Communications OFFESNIVE CONTACT
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SMOKE BLOWING CASE Act that offends reasonable sense of dignity. Direct/Indirect. Conduct is offensive because of the underlying intent, but damages are nominal.
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Andrews v. Peters OFFENSIVE CONTACT
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KNEE TAP CASE Intent to cause injury is not needed. Only intent to contact regardless of circumstances.
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White v. Muniz OFFENSIVE CONTACT
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OLD LADY NURSING HOME A person must have the mental capacity to appreciate the offensive or harmful act in order to intentionally cause it. DUAL INTENT: Defendant must both (a) intend the contact and (b) intend it to be harmful or offensive.
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Taylor v. Barwick NOMINAL DAMAGES
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PRISON CASE Establishes you can have nominal damages.
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R2T S21 ASSAULT
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An actor is subject to liability for assault if: (A) he acts intending to cause a harmful or offensive contact with the person or third party or imminent APPREHENSION of such contact and (B) the other is thereby put in such imminent apprehension.
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R2T S31 ASSAULT
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Words alone are not enough unless together with acts or circumstances that put the person in reasonable apprehension of imminent harmful or offensive contact.
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Cullison v. Medley ASSAULT
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CREEPY TRAILER PARK GUY CASE Assault requires an objective test: Jury must find the defendant's conduct would normally arouse apprehension in the mind of a reasonable person.
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Brower v. Ackerly ASSAULT
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BILLBOARD CASE Words alone are not enough. The threat must be imminent, threats over the phone are not imminent. NEAR FUTURE vs. IMMINENT FUTURE
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