Torts: Intent / Battery and Assault Exam

Villa v Derouen

The flamethrower case

Plaintiff and defendant were working on a construction site. D intentionally released the oxygen from the gun in the direction of P’s crotch to “get his attention”, which wound up causing severe burns. Defendant argued that because they had no intent to harm Plaintiff, they didn’t meet the intent requirement. The appeals court determined that intent to release the oxygen = intent to make contact, and thus liability for battery incurs. 

Eggshell Plaintiff Doctrine

Defendants “take their plaintiffs as they find them” are responsibly for any injuries incurred, even if those injures are beyond what an average person would experience from the same contact.

WMEL Water and Sewer

Company releases toxic PFOAs into the water. Appellate court deferred on the issue of contact, but found that the intent requirement was satisfied. 

Reynolds v McFarlane 

The altercation between two co-workers in a break room where Defendant snatched dollar bill from Plaintiff.

Assault charge: reversed, no apprehension because plaintiff was surprised.

Battery charge: Sustained, because grabbing the dollar bill fell under the doctrine of extended personality, thereby contact was sufficient for battery charge. Additionally, battery does not require injury; contact that’s offensive can also suffice.

Fisher v Carrousel Motor Hotel

Esteemed guest of the hotel goes to luncheon. Racist employee shoves the plate out of his hand while insulting his dignity. Under the extended personality doctrine, he was touching the plate so contact occurred. In context, the contact was obviously meant to belittle / humiliate him, so it counted as offensive. 

Transferred Intent

If you have the intent to hit one person and accidentally hit another, your intent transfers to the recipient of the contact. 

Mulloy v Sang

Doctor amputated patient’s limb. This was beyond the scope of consent. Consent cannot be inferred from silence.

Definition of Battery

unauthorized bodily contact by the defendant,

which is harmful or offensive in nature, and

made with intent by the defendant.

Elements of Assault

• an act, or threat of an action

• done with intent, that

• creates in the plaintiff a reasonable apprehension of

• imminent bodily harm

Gulf v Luther

Finger wag case. Vicarious liability and emotional harm.

International & G.N.R. Co. v. Henderson

Train harassment case. Being chased with a gun counts as a reasonable apprehension of immanent bodily harm

Ruiz v. Bertolotti

Puerto Rican couple is threatened through an intermediary when trying to buy a house. Court determined that an intermediary does not negate the validity of the threat for the purposes of assault.