Summary: Harmful Contact To Dillion

Is Gavin liable for the act of battery when he acted with a harmful or offensive contact to Dillion’s person by first putting out his cigarette in Dillion’s coffee cup followed by taking out an unloaded shotgun and placing it on his lap causing Dillion to have a stroke resulting in him hitting his head on the concrete sidewalk suffering a serious concussion and unforeseeable and extreme brain damage? “Battery: Harmful contact an actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact and (b) a harmful contact with the person of the other directly or indirectly results.” “Battery: Offensive …show more content…
Apprehension requires that the act must be reasonable and the knowledge of the act is required at time the threat is made. While every battery includes an assault an assault does not needed to require a battery to complete it. An over act is necessary, words alone are not sufficient to create an assault, but they are sufficient by themselves to negative intent for assault. In a battery case it is not necessary to touch the plaintiffs body or even his clothing, knocking or snatching anything from plaintiffs hand or touching anything connected with his person when done in an offense manner is sufficient. The act here would constitute as battery and assault, Gavin acted in a offensive way, by purposely putting out his cigarette in Dillion’s cup. Here the facts show that harmful contact did take place, even though Gavin didn’t actually touch Dillion’s person, he did touch Dillion’s cup of coffee which was connected to his …show more content…
False imprisonment is common law and felony tort. When a restraint takes place is must be complete. Some methods of restraint include physical barriers, force or threat of immediate force, omission where the D has a legal duty to act and an improper assertion of legal authority. False imprisonment there is no time restraint, if it is for one minute or 30 years. Any person who intentionally holds a P against their will and limits or restraints another's freedom without their consent could be found guilty for falsely imprisoning another. A key element in false imprisonment though is a P must be aware of their confinement. Then also the act must be in a bounded area. It is clear from the facts that Alicia didn’t want to be on stage in the first place. When Sherylla was confided and or restrained on stage against her will by the bouncer false imprisonment took place. There was an act to keep her on stage, by first trying to blackmail her and then by second having a physical barrier (the bouncer) in her way. She was limited in her freedom and confined to only be on stage. The act of false imprisonment here is taking place, which then results in Alicia getting hit in the head with a beer bottle. After she gets hit in the head her temper flares up and she reacts by stabbing another with a jagged knife. The