Battery & Assault Flashcards
(15 cards)
What is the intentional tort of battery?
Occurs when the defendant causes or is a substantial factor in bringing about harmful or offensive contact
‘Harmful’ contact causes pain, disfigurement, or injury; ‘offensive’ contact violates the plaintiff’s reasonable sense of personal dignity.
What constitutes harmful contact in battery?
Causes pain, disfigurement, or injury
What constitutes offensive contact in battery?
Violates the plaintiff’s reasonable sense of personal dignity
Is the plaintiff required to be aware of the contact in battery?
No, the plaintiff need not be aware or conscious of the contact or its harmful or offensive nature at the time of the intrusion
What does ‘the plaintiff’s person’ include in battery cases?
Anything connected to the plaintiff, such as a cane, clothing, etc.
What intent is required for battery?
Intent to bring about harmful or offensive contact to another
What is the majority requirement for intent in battery?
Intent to cause contact that society defines as harmful or offensive
What is the intentional tort of assault?
Occurs when the defendant causes or is a substantial factor in bringing about reasonable apprehension in the plaintiff
What must the plaintiff perceive for an assault to occur?
That harmful or offensive contact is about to happen to him
Is bodily contact required for assault?
No, bodily contact is not required
What does the intentional tort of assault compensate?
Compensates pure psychological injury
Is fear or intimidation required for assault?
No, only awareness in the plaintiff that harmful or offensive contact is imminent
What standard do the majority of courts require for apprehension in assault?
The apprehension must be reasonable
What is insufficient for establishing assault?
Words alone and threats of future harm
What intent must the defendant have for assault?
Specific or general intent to cause apprehension of imminent harmful or offensive contact
