Principles
What is intent?
Purpose or Knowing
What is the importance of Garratt v. Dailey?
Bonus Point if you reference what the case is about-
Case that shows how what D actually believed and not upon what D should have understood or believed
5 year old yeets aunts chair
What are examples of reasonable & inoffensive contact?
What are examples of offensive contact?
1) Gently brushing against another in a crowded hallway with no intent to injure, tapping a person on the shoulder
2) Pushing someone in a crowded hallway (move B**Ch get out the way), spitting in another's face, touching anothers private parts (The No-no's)
What is Assault?
1) Intentionally causing another to reasonably apprehend imminent offensive bodily contact
2) Bodily contact not needed
What are the elements of battery?
1) Intentional infliction or causing of bodily contact
2) Which law regards as offensive
What is purpose
Purpose=Cause a certain result is the goal or motive of his/her action
What is Talmadge v. Smith?
D threw a stick at Bryon Smith, a boy who was on the roof of D’s shed. It missed Smith, the intended target, and hit Talmadge, the P, causing the boy permanent loss of sight in one eye.
What is transferred intent?
When the D intends to hit someone else and accidently causes a prohibited result respecting another victim, his intent respecting the one victim may be transferred to the other
What is Western Union Telegraph co v. Hill?
D’s employee reached out his hand toward plaintiff across a desk. He did not touch her because she recoiled backwards. He told her that he would fix her broken clock if she would come behind the counter and let him to “love and pet” her.
What is RECKLESS INFLICTION, and what does it mean in regards to battery?
Bonus point for example:
Infliction or causing of bodily contact- that is not intentional, which means it cannot be battery
Hypo: Beer bottle that gets thrown over the balcony
What is knowledge
Being substantially certain that his/her action would cause the result
What is Wagner v. State?
Mr. Giese, an intellectually disabled patient, was in the care of, and supervised by, state employees. He grabbed Ms. Wagner while she was standing in line at Kmart. He threw her to the ground, causing injury.
What are four factors of mistakes?
Bonus Point: Do any of these preclude liability?
1) Consent
2) Ownership of Property
3) Mental Disease of Defect
4) Minors
How is assaulted related to attempted battery?
Bonus: Give an example
Assault can encompass an attempted battery.
D attempts but fails to make offensive bodily contact.
Bonus: D shoots P, intending for the shot to hit and injure him. The shot misses P who was aware of the attempted battery.
What happens if a person gives consent to contact?
Bonus Point: What is the exception?
If there is consent then the contact is not considered offensive
In criminal conduct consent is invalid when it involves criminal such as illegal prize fighting or organ harvesting
What is the exception to knowledge
Awareness of probability short of substantial certainty-
D is aware of a probability short of substantial certainty that will cause the result, he has not acted knowingly respecting that result
What is Ranson v. Kitner?
Ds, while hunting, killed P’s dog upon the good faith belief that the dog was a wolf. The jury returned a verdict for the plaintiff.
What is the common law rule for the torts of children?
Parents are liable for the torts of their children only if they themselves have been at fault (Negligent supervising the child)
What is assault in relationship to completed battery?
BONUS: GIVE EXAMPLE
Completed battery may also constitute an assault.
Example: D shoots at P, intending for the shot to hit and injure him. P witnesses D draw his firearm and fire the shot and reasonably apprehends the shot's imminently striking him. The shot does strike P. D has committed both battery and assault.
What is Wallace v. Rosen?
Rosen, teacher at Northwest High School in Indianapolis, was escorting her students out of the school during a fire alarm drill. Wallace, a parent of a student, was standing at the top of the stairway at the end of the hallway with her back facing Rosen.
What is transferred intent
Causes a prohibited result respecting another victim, his intent respecting the one victim may be transferred to another
What is McGuire v. Almy?
The plaintiff, a nurse, was caring for defendant, who suffered from mental illness and experienced bouts of violence. During one such bout, defendant struck the plaintiff in the head with a piece of broken furniture.
What are differences between intentional/unintentional torts?
Hint: You have to list all 6 for full points
1. SOL
2. Availability of Punitive Damages
3.Contributory Negligence
4. Limitation of recovery to workers compensation
5. Causation
6. Respondeat Superior
What is an empty threat? And its relationship to battery?
What does it mean if P does not know there is an empty threat?
Empty threats DO NOT CONSTITUTE BATTERY-If no body contact (no touching!) then the element of battery is not satisfied
If P does not know that the threat is empty and reasonably apprehends imminent offensive bodily contact, D is liable for assault.
What is Fisher v. Carrousel Motor Hotel?
Bonus: WHY is this important?
Fisher, the plaintiff, was a NASA mathematician attending a professional conference at the defendant hotel.
While P was standing in a buffet line, one of D’s employees snatched the plate from his hand, shouting that a “Negro could not be served in the club.”
P was not actually touched and was in no apprehension of physical injury. The jury returned a verdict for $400 in compensatory and $500 in punitive damages. The trial court set aside the verdict, and the Texas Court of Civil Appeals affirmed.
First case that shows how bodily contact with an object so connected with the plaintiff's body as to be customarily regarded as part of the other person.