Battery

Front 1

Battery

Back 1

1) an intentional act
2) that causes
3) harmful or offensive
4) contact with
5) the victim

Front 2

Intent

Back 2

-requires intent but not intent to harm
-only requires intent for harmful or offensive contact
-desires the result or knows with substantial certainty that it will occur
-all you need is intent to touch

Front 3

Harmful or Offensive

Back 3

so long as society defines the contact as harmful or offensive (offends a reasonable sense of personal dignity)

Front 4

Contact

Back 4

the offensive contact need not actually even physically touch the body

Front 5

Consciousness

Back 5

there is no need that the victim be conscious of either the contact or its harmful or offensive nature at the time of the intrusion

Front 6

Plantiff

Back 6

-the plaintiff must allege in good faith facts comprising the elements of battery; case must be good on it's face (Prima Facie)
-plaintiff bears the burden of proof

Front 7

Protect against:

Back 7

1) physical injury to person or property
2) dignitary and emotional harm
3) economic harm

Front 8

Child Liability

Back 8

In most states a child cannot avoid tort liability simply because of young age.

Front 9

NC distinction to child liability

Back 9

The rule of 7's: children 0-7 are incapable to commiting any tort at all.

Front 10

Parental Liability for the torts of minor children

Back 10

-Parents are not vicariously liable for the torts of the their children simply by virtue of being their parents
1) the childs tort must have been committed willingly and wantonly
2) the damages that may be obtained are limited (in NC to $2000)

Front 11

Doctrine of Transferred Intent

Back 11

-Tort to Tort OR Person to Person
-"it is enough that the actor intends to produce such an effect upon some other person and that his act so intended is the legal cause of a harmful contact to the other"
-Intent can be transfered between 5 intentional torts: assault, battery, false imprisonment, trespass to chattel, and trespass to land