Tort of Battery

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Tort of Battery by Mind Map: Tort of Battery

1. INTENT

1.1. Rule: D

1.1.1. Desires to cause the touching (Actual D not reasonable person test) or

1.1.2. Believed that a touching was substantially certain to result from P's act. (Actual D not reasonable person test)

1.2. Transfer Doctrine Applies

1.2.1. Across Classic Intentional Torts

1.2.2. Across Persons

1.3. Motive Immaterial; see Damages for More on Motives

2. ACTUAL TOUCHING

2.1. Rule: D's act resulted in actual harmful or offensive touching of P.

2.1.1. Harmful Touching: touching that causes injuries, disfigurement, impairment, or pain to any bodily organ or function.

2.1.2. Offensive Touching: touching that offends a reasonable person's sense of dignity.

2.1.2.1. Hypersensitivity Rule: Touching that would not cause a reasonable person to take offense, but at which the plaintiff does take offense, is not suffiecent for battery unless D new of the sensitivity and proceeded anyway.

2.1.3. P does not need to be aware of the touching at the time thereof.

3. CAUSATION

3.1. Rule: Harmful or offensive touching must be caused but D's act (direct) or force the act sets in motion (indirect)--causation element satisfied if D's act directly or indirectly results in the injury.

4. ACT

4.1. Rule: External manifestation of P's will.

4.1.1. Unconscious Acts Insufficient

4.1.2. Reflexive Acts Insufficient

4.1.3. Incompetents Rule: Persons who are not legally competent are still capable of volitional acts.

4.1.3.1. EXAM TIP: Children and mental incompentents will be held liable for their intentional torts.

5. General Rule: A harmful or offensive touching (direct or indirect) with P's person, caused by D with the required intent.