Tort Law I Exam With Correct Answers
What are the elements of Battery?
1) The Act Element
2) The Intent Element
3) The Contact Element
How do you prove the act element of a battery
There must be a minimal volitional movement
How do you prove the intent element of a battery
To prove the intent element (of any intentional tort) the plaintiff must prove that
defendant acted purposefully OR with knowledge to a substantial certainty:
Single Intent Standard: prove that the plaintiff purposefully or knew that he was going to
cause a contact
Dual Intent Standard: prove that the plaintiff purposely or knew that he was going to
cause a contact AND prove that the plaintiff purposely or knew that the contact was
going to be harmful or offensive
How do you prove the contact element of a battery?
Contact element is satisfied if:
a) the parties came into physical contact AND
b) the contact was harmful or offensive
To establish intent of a battery, look to.
the defendant's state of mind at the time of the act
,Is the intent of a battery claim, objective or subjective?
Subjective
What two ways can intent be established by?
Direct Evidence
defendant admitting his/her intentions
&
Circumstantial Evidence
more frequently used, by the defendant's outward actions, make reasonable inferences
Battery- Intent element - Single Standard
just the intent to make act - the contact with a person (requires purpose and/or
knowledge)
Battery - intent element - Dual Intent Standard
intent to cause the contact AND to cause a contact that is harmful or offensive (both
parts require purpose and/or knowledge)
What does knowledge with substantial certainty mean in the intent element of intentional
torts?
must know (near certain = 99-100% sure) actions would result in ____ (this is a subjective
standard)
What does purposely mean in the intent element of intentional torts?
acts with the purpose, want, hope, or desire
What is the "underlying motive" sub-rule of battery?
Does not matter what the motive was if plaintiff can prove the contact was intentional
,(and other elements of battery) (motive and intention do not always align)
What is the sub-rule of battery for "child-defendant and mentally ill"?
relevant question is could plaintiff plead all three elements of a battery cause of action
(for intent element first look to HOW the state defines intent [single or dual] to commit a
battery
What does "harmful" mean in the contact element of battery?
proof of physical harm by means of bodily physical harm or pain bruises, lacerations,
broken bones, etc.
What does "offensive" mean in the contact element of battery?
offends personal dignity, insulting, humiliating, revolting, mentally disturbing, etc.
The test for offensive is objective not subjective
The contact MUST violate prevailing social standards of acceptable touchings
Determined by objective analysis of the facts related to
Nature of the defendant's conduct, contact type and character, time, place, relationship
between the parties, surrounding circumstances
What are the two types of contact under the contact element of battery?
Direct contact: flesh on flesh or flesh on clothes (ex: punch, kick, bite)
Indirect contact: using a tool, instrument, or an object to cause a contact (ex: throwing,
setting up trap, shooting, poisoning)
Extended Personality Rule?
, Extended Personality Rule: always indirect contact
"Anything so connected with the body as to be customarily regarded as part of the
other's person and therefore as partaking of its inviolability"
Extended personality rule creates a protective zone around the body rendering
actionable certain contacts with objects so closely connected to plaintiff's body that the
object is customarily regarded as part of it
Things that a person are holding can amount to offensive touching (but not always)
Policy reason behind this rule: controlling other's access to one's body
What are the elements of Assault?
1) the act element
2) the intent element
3) the result element
what is the act element of assault?
a minimal volitional movement
what is the intent element of assault?
(FOCUS solely on Defendant's state of mind at the time of acting - did defendant intend
to cause the apprehension?)
The defendant must intend to cause the apprehension of an imminent harmful or
offensive contact
The intent must be:
Purposefully: hope, desire, want
What are the elements of Battery?
1) The Act Element
2) The Intent Element
3) The Contact Element
How do you prove the act element of a battery
There must be a minimal volitional movement
How do you prove the intent element of a battery
To prove the intent element (of any intentional tort) the plaintiff must prove that
defendant acted purposefully OR with knowledge to a substantial certainty:
Single Intent Standard: prove that the plaintiff purposefully or knew that he was going to
cause a contact
Dual Intent Standard: prove that the plaintiff purposely or knew that he was going to
cause a contact AND prove that the plaintiff purposely or knew that the contact was
going to be harmful or offensive
How do you prove the contact element of a battery?
Contact element is satisfied if:
a) the parties came into physical contact AND
b) the contact was harmful or offensive
To establish intent of a battery, look to.
the defendant's state of mind at the time of the act
,Is the intent of a battery claim, objective or subjective?
Subjective
What two ways can intent be established by?
Direct Evidence
defendant admitting his/her intentions
&
Circumstantial Evidence
more frequently used, by the defendant's outward actions, make reasonable inferences
Battery- Intent element - Single Standard
just the intent to make act - the contact with a person (requires purpose and/or
knowledge)
Battery - intent element - Dual Intent Standard
intent to cause the contact AND to cause a contact that is harmful or offensive (both
parts require purpose and/or knowledge)
What does knowledge with substantial certainty mean in the intent element of intentional
torts?
must know (near certain = 99-100% sure) actions would result in ____ (this is a subjective
standard)
What does purposely mean in the intent element of intentional torts?
acts with the purpose, want, hope, or desire
What is the "underlying motive" sub-rule of battery?
Does not matter what the motive was if plaintiff can prove the contact was intentional
,(and other elements of battery) (motive and intention do not always align)
What is the sub-rule of battery for "child-defendant and mentally ill"?
relevant question is could plaintiff plead all three elements of a battery cause of action
(for intent element first look to HOW the state defines intent [single or dual] to commit a
battery
What does "harmful" mean in the contact element of battery?
proof of physical harm by means of bodily physical harm or pain bruises, lacerations,
broken bones, etc.
What does "offensive" mean in the contact element of battery?
offends personal dignity, insulting, humiliating, revolting, mentally disturbing, etc.
The test for offensive is objective not subjective
The contact MUST violate prevailing social standards of acceptable touchings
Determined by objective analysis of the facts related to
Nature of the defendant's conduct, contact type and character, time, place, relationship
between the parties, surrounding circumstances
What are the two types of contact under the contact element of battery?
Direct contact: flesh on flesh or flesh on clothes (ex: punch, kick, bite)
Indirect contact: using a tool, instrument, or an object to cause a contact (ex: throwing,
setting up trap, shooting, poisoning)
Extended Personality Rule?
, Extended Personality Rule: always indirect contact
"Anything so connected with the body as to be customarily regarded as part of the
other's person and therefore as partaking of its inviolability"
Extended personality rule creates a protective zone around the body rendering
actionable certain contacts with objects so closely connected to plaintiff's body that the
object is customarily regarded as part of it
Things that a person are holding can amount to offensive touching (but not always)
Policy reason behind this rule: controlling other's access to one's body
What are the elements of Assault?
1) the act element
2) the intent element
3) the result element
what is the act element of assault?
a minimal volitional movement
what is the intent element of assault?
(FOCUS solely on Defendant's state of mind at the time of acting - did defendant intend
to cause the apprehension?)
The defendant must intend to cause the apprehension of an imminent harmful or
offensive contact
The intent must be:
Purposefully: hope, desire, want
