Torts Fall 2026

Battery✅, Assault✅, Transferred Intent✅, Consent✅, Self-Defense✅, Negligence,

BATTERY ELEMENTS

Defendant acted, intending to cause a battery, resulting in contact that is harmful or offensive

Battery Act definition

Any minimal volitional movement

Battery Act application

Looking for D’s act that caused the contact and if it was VOLUNTARY

Single Intent rule (1)

Defendant acted with the purpose of creating a contact with another person

Or, Single Intent rule (2)

Defendant knew with substantial certainty that a contact with a person would occur

PURPOSE DEFINITION (SINGLE INTENT)

Causing contact with a person was D’s conscious (subjective) objective

KNOWLEDGE TO NEAR CERTAINTY (SINGLE INTENT)

D’s own (subjective) understanding/belief that act would (1) result in contact (2) or that contact was darn near impossible not to occur.

Single Intent Application

1. Identify significant facts

2. Infer D’s state of mind based on those facts

3. Explain how the facts support that inference

Garratt v. Dailey (Pulling chair out from under lady case)

Child knew with substantial certainty that contact with the floor would happen, intent is met

Dual Intent rule (1.1)

Defendant acted with the purpose of causing a contact with another person

Or, Dual Intent rule (1.2)

Defendant knew with near certainty that a contact with another person would occur

Dual Intent rule (2.1)

Defendant acted with the purpose of causing harm/offense

Dual Intent rule (2.2)

Defendant acted with knowledge to a near certainty that contact would be harmful/offensive

PURPOSE DEFINITION (DUAL INTENT 2)

Causing contact/offense/harm with a PERSON was D’s conscious objective

KNOWLEDGE TO NEAR CERTAINTY DEFINITION (DUAL INTENT 2)

D’s own understanding/belief that harmful/offensive contact is darn near impossible not to happen

Wagner v. State (Woman attacked by mentally ill man)

Dual intent protects attackers if they only intended contact, but not harmful or offensive contact

Contact Rule

Direct or Indirect physical touching of another

DIRECT CONTACT rule

Physically touching another thru flesh or clothes

INDIRECT CONTACT rule

Setting an object, force, or substance into motion to cause contact

Extended Personality Sub-Rule

Contact includes objects that are (1) so closely connected to P’s body that (2) the object is customarily regarded as part of their body

Closely connected definition

PHYSICAL PROXIMITY of the thing (shirt, plate near body)

Customarily regarded definition

HOW CONNECTED the object is to the body (NOT CONTEXT)

Particulate Matter Sub-Rule

Contact extends to particles that touch P

Contact application

Looking to see if/how D touched P at all!

Harmful Rule

Physical bodily harm, pain, or illness (lacerations, bruises, fractures)

Offensive Rule

Violates a reasonable sense of personal dignity, taking into account contextual standards (OBJECTIVE)

Offensive factors (compare to D’s conduct)

1. Relationship of the parties (Strangers, friends, coworkers, family)

2. Social location (Workplace, public, private)

3. Physical and temporal [time] nature of contact (isolated or repeated, minor or forceful, body or elsewhere)

4. Social norms

Offensive application

Ew not Ouch: SIGNIFICANT FACT → RESTATEMENT FACTOR → INFERENCE → LEGAL CONCLUSION

Paul v. Holbrook (Creepy co-worker case)

Any woman would be reasonably offended by co-workers conduct

Eggshell Skull Rule (Damages)

If P proves all elements of battery, D is liable for ALL resulting injuries, even if P suffers unusually severe injuries because of a pre-existing medical condition, or the severity of the injury was unexpected.

ASSAULT ELEMENTS

Defendant acts intending to cause the apprehension of an imminent harmful or offensive contact that causes P to actually and reasonably apprehend the contact.

Assault Act definition

Any minimal volitional movement

Assault intent definition

D’s subjective PURPOSE or KNOWLEDGE to near certainty that P will apprehend an imminent harmful or offensive contact

Assault PURPOSE

D’s conscious desire, hope, objective

Assault KTNS

D appreciated and knew apprehension was darn near impossible NOT to happen

Assault KTNS application

Look at what D WANTED or KNEW P would anticipate, and how CERTAIN they were P would anticipate it imminently

Assault Apprehension definition

Causing P to perceive or become aware of something

Assault Imminent definition

Immediate or without delay

Assault Offensive Contact Factors

1. Social location (Workplace, public, private)

2. Physical and temporal [time] nature of contact (isolated or repeated, minor or forceful, body or elsewhere)

3. Social norms

ACTUAL APPREHENSION definition

SUBJECTIVE: P perceives or anticipates threat

REASONABLE APPREHENSION definition

OBJECTIVE: Reasonable person would have perceived or anticipated threat

REASONABLE APPREHENSION factors

1. Relationship between parties

2. Apparent/Present ability 

3. Words and conduct

4. Timing and immediacy of threatened contact

Vetter v. Morgan (van assault case)

Convicted because they were close and able to attack her, there was reason for her to believe she would be attacked AND she did believe she would be attacked

Transferred Intent definition

Acting with necessary intent to commit intentional torts can _____ across people and across torts

Same Victim, Different Tort

if D intents a tort against someone and accidentally commits another, the intent from the first tort can transfer to the other committed t

Different Victim, Same Tort

if D intends to commit a tort against one person, that intent can transfer when the tort is committed against another person

Different Victim, Different Tort

D’s intent can transfer across both victims and certain intentional torts, including assault and battery

EXPRESS CONSENT rule

Written or verbal agreement to endure battery and/or assault

EXPRESS CONSENT application

(1) identify what is CONTEMPLATED in the waiver, (2) identify what occurred, then (3) compare the two

IMPLIED CONSENT rule

Defendant bears the burden of (1) proving that THEY BELIEVED Plaintiff consented to the battery or assault AND (2) that the belief was REASONABLE under the relevant circumstances

IMPLIED CONSENT factors

1. Parties words and conduct

2. Parties relationship

3. Parties prior dealings 

4. Characteristics

5. Setting and context

6. Social customs or norms

SCOPE OF CONSENT SUB-RULE

determined by what a REASONABLE person would understand Plaintiff to have agreed to, based on the parties express agreement or the circumstances giving rise to implied consent. Conduct going beyond that understanding exceeds it

VALIDITY OF CONSENT SUB-RULE

_____ is NOT valid when it is obtained through deception or misrepresentation (or threats) about the nature of the conduct to which the plaintiff is agreeing

SELF-DEFENSE RULE

The law permits a person who (1) Reasonably believes they are facing an imminent threat of harmful or offensive CONTACT (2) to use reasonable force to protect themselves

“Reasonably believes” definition

must be actual (subjective), and objective GIVEN THE CIRCUMSTANCES

“Reasonably believes” factors

1. Relationship

2. Prior dealings

3. Characteristics of parties

4. Alleged threat

Reasonable FORCE definition

objectively appropriate or proportional to the perceived threat (NOT retaliatory)

Haeussler v. De Loretto (Drunk neighbor case)

Force was reasonable given the circumstances, did not exceed what was necessary

Deadly Force…

Can only be used if you actually and reasonably believe your life is in danger

STAND YOUR GROUND

Deadly force is allowed if someone is (1) breaking into your house AND (2) puts you in peril of bodily harm that (3) ONLY can be prevented by immediate deadly force

DUTY TO RETREAT

individual may not use deadly force if they know or reasonably should know that can retreat with complete safety

CASTLE DOCTRINE COUNTER

one is not required to retreat before use deadly force if they are in their home