Topic 2a: Battery - Torts Against the Person

What interests does Battery protect?

Bodily integrity and autonomy

Per Restatement 3rd, the elements of battery are (same as dual intent):

1. Intends to have contact

2. Contact causes bodily harm or is offensive

Define bodily harm in Assault or Battery 

Physical impairment of the human body (physical injury, illness, disease, impairment, death)

Define offensive contact in Assault or Battery

Offensive to a person's sense of dignity or the actor knows it's offensive

1. Offensive to a reasonable sense of personal dignity OR
2. Is highly offensive to the plaintiff’s particular sensitivities and the defendant knows about those sensitivities

(Liability won’t be imposed for 2 if it requires actor to do something unduly burdensome to avoid contact)

e.g. P believes any contact is extremely offensive to her personal dignity. D her coworker, knows this. One day, P drops her pen under her desk. D walks behind her and gently taps her shoulder and says, “Hey, you dropped this.” Liability won’t be imposed.

Does battery actually create contact from the actor on the victim?

Yes

True or false: Intent to cause future bodily injury by setting events in motion still counts as battery.

True

Jack bumped Dave on the subway while rushing to his seat. Battery?

No. Crowded World Theory or Implied in Law/Constructive Consent.

How does the Restatement 3rd change Battery?

Shifts burden of proof for consent.
Restatement 2nd: D needs to prove P gave consent.
Restatement 3rd: P needs to prove no consent was given.

True or false: The occurrence of battery guarantees occurrence of assault. Provide an example.

False. Jack slaps James while he’s sleeping. Battery, but not assault.