Battery Flashcards

1
Q

battery

A

The defendant’s acts are the (1) intended to inflict of (2) harmful or offensive (3) bodily contact.

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2
Q

intent for battery

A

Battery requires that the defendant must intend to make contact or a. Actual harm is not a requirement.

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3
Q

single intent

A

intent to make contact

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3
Q

dual intent

A

intent to make harmful or offensive contact

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4
Q

apprehension of contact [battery]

A

The plaintiff need not have actual awareness of the contact at the time it occurs If the defendant does not intend actual contact, but only apprehension of contact, he is still liable when contact results

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5
Q

harmful or offensive contact [battery]

A

Battery requires that the contact be reasonably harmful or offensive to a person of ordinary sensibilities.

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6
Q

harmful v. offensive pain [battery]

A

harmful causes pain or bodily injury. offensive is a personal sense of dignity

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7
Q

knowledge [battery]

A

however, if defedant knows that the victim is particularly sensitive to a specific type of contact, he will be liable for the resulting harm

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8
Q

contact [battery]

A

battery requires that actual bodily contact with the plaintiff occurs. contact goes beyond the consented to contact

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9
Q

personal effects [battery]

A

contact extends from the person to any object with which he is ‘intimately connected]

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10
Q

defenses [battery]

A

self-defense, defense of others, defense of property, retaking of land, recapture of chattels, necessity, discipline, shopkeeper’s privilege, legal authority, and in some jurisdictions, consent

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