The Intentional Tort Of Battery Essay

1778 Words Nov 23rd, 2015 null Page
In Louisiana, Lillie would be able to recover under Louisiana Civil Code article 2315, which states in pertinent part “Every act whatever of man which causes damage to another obliges him by whose fault it happened to repair it.” La. C.C. 2315 allows someone who has been wronged, to be compensated for the damage caused to him or her. In order to recover under La. C.C. art. 2315, an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery. A battery is defined as harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff to suffer such a contact.
There are four elements of the intentional tort of battery. (1) There must be a voluntary, affirmative act of the defendant, (2) contact with the plaintiff which is direct or indirect and harmful or offensive (3) the defendants act caused the contact with plaintiff, and (4) defendant intended to cause contact with plaintiff. To prevail Lillie would have to prove that Joe committed all four elements beyond a preponderance of evidence. There was a voluntary affirmative act by Mr. Roper when he lifted his hand, closed his fist, and hit Ms. Bonifant on the side of her face. The contact between Mr. Roper and Ms. Bonifant was direct and harmful, because he directly hit Ms. Bonifant with his fist, which caused the harm of her having to get stiches. Mr. Roper’s act caused the contact with Ms. Bonifant. Seeing that, but for Mr. Roper lifting his…

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