Jane’s Battery Claim
A “Battery” is a 1)unpermitted, unprivileged harmful or offensive contact with another person 2) caused by an act intended to result in such contact, or 3) the apprehension of such a contact.
First, in order for there to be a cause of action against Mike, contact must have occurred (either harmful or offensive). When Mike called Jane and told her inappropriate things over the phone, Jane did not have any form of physical contact with Mike (neither harmful nor offensive). Mike saying inappropriate words to Jane cannot be offensive contact. A contact is “offensive” if it offends the reasonable sense of personal dignity of a person in the place where the contact occurred. However, since there was no physical contact that resulted from Mike calling Jane, there was no contact that could have offended a reasonable sense of personal dignity of a person in the place where the contact occurred. Second, Mike’s phone calls to Jane aren’t “harmful” contact because 1) there was no contact and 2) these phone calls did not cause physical pain, illness, or …show more content…
Assault” occurs when 1) an actor acts intending to cause either a harmful or offensive contact with a person, or 2) the apprehension that such contact is imminent, and a person is thereby put in such apprehension. While the second prong fails because there was no suggestion that Ned anticipated the contact, the first prong is satisfied because Jane intended to inflict harmful contact. She desired to cause physical pain and she was almost certain that physical pain would have occurred.
Jane will most likely prevail on a self-defense claim, which would cause Ned’s action against Jane to fail. “Self defense”is when an actor is 1) privileged to use reasonable force, 2) not likely to cause death or serious bodily harm, 3) to defend himself against unprivileged harmful or offensive contact which the actor 4) reasonably believes the other is about to intentionally inflict on
A “Battery” is a 1)unpermitted, unprivileged harmful or offensive contact with another person 2) caused by an act intended to result in such contact, or 3) the apprehension of such a contact.
First, in order for there to be a cause of action against Mike, contact must have occurred (either harmful or offensive). When Mike called Jane and told her inappropriate things over the phone, Jane did not have any form of physical contact with Mike (neither harmful nor offensive). Mike saying inappropriate words to Jane cannot be offensive contact. A contact is “offensive” if it offends the reasonable sense of personal dignity of a person in the place where the contact occurred. However, since there was no physical contact that resulted from Mike calling Jane, there was no contact that could have offended a reasonable sense of personal dignity of a person in the place where the contact occurred. Second, Mike’s phone calls to Jane aren’t “harmful” contact because 1) there was no contact and 2) these phone calls did not cause physical pain, illness, or …show more content…
Assault” occurs when 1) an actor acts intending to cause either a harmful or offensive contact with a person, or 2) the apprehension that such contact is imminent, and a person is thereby put in such apprehension. While the second prong fails because there was no suggestion that Ned anticipated the contact, the first prong is satisfied because Jane intended to inflict harmful contact. She desired to cause physical pain and she was almost certain that physical pain would have occurred.
Jane will most likely prevail on a self-defense claim, which would cause Ned’s action against Jane to fail. “Self defense”is when an actor is 1) privileged to use reasonable force, 2) not likely to cause death or serious bodily harm, 3) to defend himself against unprivileged harmful or offensive contact which the actor 4) reasonably believes the other is about to intentionally inflict on