LAW 122 Study Guide - Midterm Guide: Contributory Negligence, Punitive Damages, Ant-Zen
13 Dec 2019
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Defendant intends to cause offensive, physical/bodily contact and harm with plaintiff. * it is also enough that defendant causes something (knife, bullet) to touch plaintiff or makes contact with plaintiffs clothing or something they are holding. Intends to cause (low intent physical control over one"s body) Defence: self defense, consent, necessity, provocation, contributory negligence, defence of property. P: tort of battery occurs when x (defendant) intends to cause offensive, bodily contact with y (plaintiff), which causes harm. Intent: x intended to commit action toward y. Bodily contact: x caused bodily contact against y by x"s action. C: y can sue x for the tort of battery and will likely receive [insert remedy]. Occurs when defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent. Reasonable belief on part of the plaintiff. Offensive bodily contact (fear is not required)
