I. Intentional Torts
A. Battery
Intentional bodily contact which is harmful or offensive. The intent element does not require a desire or purpose to bring a specific result of injury, it is satisfied if the actor’s affirmative act causes an intended contact, which is harmful or offensive.
Note contact can be with an actor’s clothes or purse/bag. And, for offensive contact, all that’s necessary is for that the actor intended to cause the other, directly or indirectly to come in contact w/ a foreign substance in a manner which the other will reasonably regard as offensive.
1) Intent and Volition
The Intent element does not have to be intent to harm, simply intent to make contact. And, intent maybe unlawful depending on circumstances of location/place.
a) Vosburg v. Putney
14 yo boy kicks 12 yo boy in classroom after teacher called class to order. 12 yo injured in shin. The court notes the location of the accident, and implies that if this was horseplay in the playground, a P would know the risk of the actions. The court stated because school had commenced, there was no implied license to do the act/kicking.
RULE: If the intended act is unlawful, the intention to commit it must necessarily be unlawful.
Also note, children held liable for their intentional torts.
b) Knight v. Jewett
Touch football game between friends gets a bit rough. D knocks P over during play and steps on her finger and injures her. It appears as though accident occurred during game play. And, P conceeded that D did not intend to step on her hand and did not intend to hurt her.
RULE: A requisite element of assault and battery is intent.
c) White v. University of Idaho
Piano teacher walks up behind student, while she was seated at a counter, and touched her back with both of hands in a motion made to simulate striking a keyboard. Student suffered serious injuries involving surgery. The act was voluntary and intentional.
RULE: Battery elements are met when intended contact is un-permitted is harmful or offensive. The contact and result may be physically harmless, but if offensive, it’s battery.
The test for determining if touching was offensive/unpermitted touching is: What would a reasonable person want? Or
does not alter his liability….The case would have been different had the other people been throwing car batteries at him or something…No reasonable assumption of risk from heckling fans…..
All that’s required is that P intended to do AN action. It doesn’t matter if P was direct target of D’s intent, L for battery exists for anyone who is physically injured as a result intentional harmful contact either at him or a 3rd party.
2) Minimum Requirements
How direct or invasive does contact need to be to constitute “harmful or offensive?” In some cases, smoke purposely blown in anti-smoker’s face is considered contact that’s harmful and offensive.
a) Morgan v. Loyacomo
P purchases underwear from D’s store and leaves. D’s manager only sees P paying for one and follows P out of store and pursues her for a block. Then, before several other people, D explains he has to inspect purchase
