A legal deck done by Roger Sachar Flashcards
Define:
Battery
Battery is the intentional infliction of a harmful or offensive touching with the Plaintiff’s person.
What are the four requirements for a prima facie case of battery?
- Defendant must act
- Act must be intentional
- Act must cause contact with the victim
- Intended contact must be harmful or offensive.
Define:
Intent
An act with the purpose of inflicting a harmful or offensive contact with the plaintiff, or the realization that such contact is substantially certain to result.
Define:
Offensive
Offends a reasonable sense of personal dignity
Explain the Doctrine of Transferred Intent
Under the transferred intent doctrine, intent can be transferred between five torts, including battery and assault.
What is the thin skull rule (also known as the eggshell skull rule)?
The thin skull rule states that you take the Plaintiff as you find him.
The term implies that if a person fragile skull, and a tortfeasor who did not know of the condition struck the plaintiff and fractured the skull, the defendant would be held liable for all damages resulting from the wrongful contact, even if the tortfeasor did not intend to cause such a severe injury.
Ilsa is sitting at the bar having a drink at Rick’s Café Américain. Ugarte, another customer, trips and falls into Ilsa, knocking her off the stool and breaking her leg. Is Ugarte liable for battery?
No. Ugarte didn’t have any intent to cause injury to Ilsa.
Manny and Moe are sitting on a park bench, feeding the birds. Their brother Jack, who doesn’t like them, throws a milk bottle at their heads from behind, but misses his target. Can Jack be held liable for battery?
No. The milk bottle missed, and thus there was no contact. Depending on the circumstances, Jack may be held liable for assault.
Peter often goes to Chotchkie’s for coffee, where his ex-girlfriend works as a waitress, even though she has asked him not to bother her anymore. While there, he surprises her from behind by giving her a big hug. Has he committed battery?
Yes, because the contact would be deemed offensive by a reasonable person.
Rocky likes to bake, and regularly brings pies into the office. Apollo, who can’t stand Rocky, knocks the pie out of Rocky’s hands and calls him “a dumb Italian.” Has there been a battery?
Yes. Even though Apollo didn’t touch Rocky directly, “it has long been settled that there can be a battery without an assault, and that actual physical contact is not necessary to constitute battery, so long as there is contact with clothing or an object closely identified with the body…” Fisher v. Carrousel Motor Hotel, 424 S.W.2d 627 (Tex. 1967)
Winston regularly smokes big cigars. While leaving his office, he sees Franklin, who is wearing a “Stop Smoking Now” shirt, and who regularly sends inter-office emails warning of the evils of smoking. Winston takes a big drag, and blows smoke in Franklin’s face? Is Winston liable for battery?
Yes. Franklin would find the contact offensive, and Winston intended to “impact” him with cigar smoke.
Two strangers are trading stories at a local lake. One, Luca, brags about the big fish he recently caught. Although Vito doesn’t believe him, he gives him a pat on the back in congratulation. Luca, despite his fishing prowess, has an aversion to being touched, screams loudly and runs away. Will Vito be found liable for battery?
No. Luca’s fear of being touched is not the fear of a “reasonable person.” One cannot live in a “glass cage.”
Nancy sees her arch-enemy Sid strolling down the street slowly. Seeing her chance, Nancy while not strong, hits Sid in the shoulder, and runs away. What Nancy didn’t know was that Sid just had shoulder surgery, and her mild punch opened up his stiches, causing massive bleeding a long hospital stay. Since Nancy didn’t know about Sid’s surgery, is she liable for his hospital stay?
Yes. The thin skull rule requires that you take the Plaintiff as you find him. Even though Sid had an abnormal condition, Nancy is still responsable for all damages resulting from her act.
Jack is furious at Jill and wants to make her flinch in fear. He throws a feigned punch, but Jill trips forward and Jack accidentally breaks her nose. Can Jack be held liable for battery?
Yes. Although Jack did not intend to strike her, he did intend to assault her by creating an apprehension of harm. Intent to commit assault can be transferred between assault and battery under the doctrine of transfered intent.
The Hamburglar spots his friend Grimace carrying a bag which he suspects is full of burgers. Running at a full sprint, the Hamburglar snatches the bag out of Grimace’s hands without touching him and runs off, leaving Grimace unharmed. Is the Hamburglar liable for battery?
Yes. Contact with a person or something closely associated with them (like a bag a person is carrying), is sufficient for battery.
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