Torts - Battery & Assault Flashcards
(1 cards)
A golfer and her instructor were playing golf in a foursome when the golfer became very annoyed with critical comments made by the instructor. To show the other golfers in the group how annoyed she was with her instructor, the golfer stood a few yards behind him while the instructor was teeing off and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer’s hands and struck the instructor in the head, injuring him.
If the instructor brings a battery action against the golfer, will he recover?
A Yes, because the golfer acted intentionally and caused harmful contact to her instructor.
B Yes, because the golfer intended to cause the instructor reasonable apprehension of imminent harmful contact.
C No, because the golfer did not intend to cause harmful or offensive contact.
D No, unless the golfer acted unreasonably in swinging the club at her instructor.
C No, because the golfer did not intend to cause harmful or offensive contact.
The golfer will not be liable because she did not intend to cause harmful or offensive contact. The prima facie case for battery has the following elements: (i) an act by the defendant that brings about harmful or offensive contact to the plaintiff’s person; (ii) intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and (iii) causation. Here, the golfer did not have the intent to cause harmful or offensive contact. Also, as explained below, the transferred intent doctrine does not apply here. Hence, she will not be guilty of battery. (A) is incorrect because even though the golfer had the intent to swing the club, she did not have the intent required for battery-to cause harmful or offensive contact to another. (B) is incorrect because the facts do not support an intent to cause an assault. Under the transferred intent doctrine, an intent to cause an assault (intent to cause apprehension of imminent harmful or offensive contact) will satisfy the intent requirement for battery when the other elements of battery are present. Here, however, the golfer was standing behind the instructor and was intending only to show the other golfers how annoyed she was. No intent to commit assault is apparent here. (D) is incorrect because it describes a negligence standard. The instructor may be able to recover against the golfer in a negligence cause of action if the golfer acted unreasonably in swinging the club, but this does not establish intent for a battery action.
