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23 Cards in this Set
- Front
- Back
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Meaning of Intent
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Intent means that the actor desires to cause a specific consequence or he believes the consequences are substantially certain.
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Purpose
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Act is committed with the purpose of producing a contact that is harmful or offensive in nature.
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Knowledge/Substantial Certainty
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Act done with the knowledge that, to a substantial certainty, such harmful or offensive contact will result
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Battery: Rule
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A person is liable for battery if they act intenting to cause a harmful or offensive contact, and such contact results.
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Battery: Elements (3)
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1. Act
2. Intent to cause harmful/offensive contact. 3. Harmful/Offensive Contact Results |
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Element: Act
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Volitional action. Inadvertant or accidental acts do not suffice.
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Element: Intent to Cause Harmful/Offenstive Contact
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An act is intentional if it is committed with the purpose to achieve a harmful or offensive contact, or the knowledge that there is a substantial certainty that a harmful or offensive contact will result.
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Element: Harmful/Offensive Contact Results
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Actual harmful or offensive bodily contact is directly or indirectly made with the plaintiff’s person.
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Rule: Extended Personality
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(1) Extended Personality Rule: Contact with “anything so connected with the body as to be customarily be regarded as part of the other’s person and therefore partaking of its inviolability.” Ex: Slapping away of plate in hand.
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Element: Offensive Contact
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Offensive contact is one that is offensive to the reasonable sense of person dignity to an ordinary person who is not unduly sensitive.
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Assault: Rule
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A person is subject to liability for assault if they act intending to cause the apprehension of an imminent harmful or offensive contact, and the act causes a reasonable apprehension of such a contact.
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Assault: Elements (4)
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1. Acts
2. Intentionally to cause the apprehension of 3. An imminent harmful or offensive contact 4. Reasonable apprehension results |
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Element: Imminent
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Will occur without significant delay unless intervening force prevents it, plaintiff avoids it by fleeing, or plaintiff defends self by use of force.
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Defendant’s Belief RE: Actual Ability
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It is unnecessary that the defendant’s believe that they are actually able to inflict a harmful or bodily contact that their act apparently threatens.
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Plaintiff’s Belief Re:Act as Capable/Incapable
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The belief that the act is capable of contact is sufficient
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Subsequent Awareness of Ineffective Means
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■ Subsequent awareness that the defendant’s act will be ineffective in causing contact is immaterial only if initial apprehension was that the act would be effective
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Mistaken Belief Re: Inadequacy is Immaterial
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If the plaintiff believed that the defendant’s means are inadequate to achieve contact, then if the defendant does achieve his purpose, the plaintiff still cannot establish the requisite apprehension.
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Self-Defense: Rule
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Reasonable force can be used where one reasonably and sincerely believed that such force is necessary to protect oneself from immediate harm.
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Self-Defense: Elements
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1. Actual & Reasonable Belief
2. Necessary to Prevent Immediate Harm 3. Reasonable Force Used |
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False Imprisonment: Elements
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a. Act;
b. Intent to Confine; c. Confinement; and d. Aware of Confinement |
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False Imprisonment: Rule
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A person is liable for false imprisonment if he or she acts intending to cause another person to be confined, such confinement is caused, and the other person is aware of his or her confinement.
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Defense of Property: Rule
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An owner of property is privileged to use reasonable force necessary to prevent or stop an intrusion upon the owner’s property.
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Defense of Property: Elements
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1. Reasonable Force
2. Force Necessary to be Effective |
