Torts (Cases/Hypos)

P is injured by D’s conduct which is neither intentional nor negligent. Tort?

No.

D tries to knock the hat off of P’s head but accidentally hits him in the face breaking his nose? Battery?

Yes, in dual or single-intent state. Intending offensive contact but causing harmful contact is still battery (McElhaney)

D tries to high-five P but misses and hits him in the face breaking his nose. Battery?

Yes in a single-intent jurisdiction, no in a dual-intent jurisdiction.

P is holding a lunch tray in a cafeteria and D smacks it out of their hand without touching P, battery?

Yes, extended personality principle

D punches P who falls into A’s television and breaks it. Is D liable for P’s injuries? For A’s TV?

Yes to both.

D tries to hit P with a rock from 100 feet away. The chance of D actually hitting him is very small. Battery is he hits? What if he misses?

Battery is he hits, not if he misses. (Maybe an assault though)

P is jumping on a trampoline when D