Dan V Pilot Case Study

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Register to read the introduction… Does Dan have any claim(s) against Pilot for intentional tort? Discuss Dan v. Pilot

Was there battery?

Battery is defined as an intentional, unconsented-to-contact with another. A person is subject to liability for batter when he acts intending to cause a harmful or offensive contact, and when a harmful or offensive contact results. Contact which is offensive to a reasonable sense of personal dignity is offensive contact. Here, the Pilot intended to move Dan out of the way so she could exit the plan safely considering her door was jammed shut from the impact of the emergency landing.

Did Pilot intend to commit battery on Dan?

Pilot did not commit battery; if we apply the rule to a reasonable person Pilot did as Dan to move out of the way so she could safety exit the plane. At that time Dan choose to remained seated blocking the exit until fire personnel arrived and deemed it safe to exit the plan. Therefore Dan would not prevail over Pilot because Pilot was acting as a reasonable person would in attempt to exit the plane to escape being trapped and hurt by a potential

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