Battery and Assault Bar Prep

Question 1

Elements of battery:

Answer 1

(1) Intentional

(2) Harmful or offensive contact

(3) with the plaintiff’s person

(4) causation

Question 2

Harmful or Offensive contact

Answer 2

Harmful: when it causes pain, actual injury, or disfigurement

Offensive: contact is offensive if it would be considered offensive to a reasonable person (objective standard)

Question 3

T or F: Consent is implied for the ordinary contacts of everyday life

Answer 3

True

Question 4

T or F: Contact can be direct OR indirect

Answer 4

True

Question 5

Plaintiff’s person

Answer 5

Person’s body and anything physically connected to the plaintiff (ex: clothing, purse, etc.)

Question 6

Are damages required for battery?

Answer 6

No, plaintiff can recover nominal damages even if actual damages aren’t proved

Question 7

Elements of Assault

Answer 7

(1) Act by defendant creating a REASONABLE APPREHENSION in the plaintiff

(2) Of an IMMEDIATE harmful or offensive contact (battery)

Question 8

T or F: Fear is required

Answer 8

False, fear is not required, only knowledge

Question 9

T or F: Plaintiff must have been aware of the threat from the defendant’s act, but need not be aware of defendant’s identity

Answer 9

True

Question 10

Effect of words

Answer 10

• Words alone are not enough
• Words may negate reasonable apprehension

Question 11

Are damages required for assault?

Answer 11

No, plaintiff can recover nominal damages even if actual damages aren’t proved

Malicious conduct may permit recovery of punitive damages