Aim: How do we examine what constitutes the intentional tort of Battery? Do Now: In your own words define Battery

Today’s Objectives Define Battery Analyze scenarios to determine whether or not a battery has occurred.

Battery Battery is the intentional infliction of a harmful or offensive bodily contact. Example: A intentionally punches B in the nose. A has committed a battery. Elements: 1. Intent 2. Harmful or offensive touching 3. With P’s Person

What constitutes a harmful or offensive touching? Includes contact that is both: a. Harmful b. Offensive, which means damaging to a reasonable sense of dignity. -reasonableness standard for offensive conduct c. Contact beyond level consented to. -Battery can occur where the plaintiff consents to a level of bodily contact, but the plaintiff goes beyond the consented-to level. Appears most frequently in sporting events and medical procedures.

What constitutes contact with P’s Person?  Extends to personal effects. A battery maybe committed not only by a contact with the P’s body, but also by a contact with: 1. Clothing 2. An object P is holding, or 3. Anything this is so closely identified with P’s body that contact with it is as offensive as contact with the body would be 2. Indirect contact: It is not necessary that the Defendant touch the Plaintiff with his body, it is sufficient if he causes the conduct indirectly. 3. It is not necessary that Plaintiff have actual awareness of the contact

Revisit the Do Now Do Now: Juliet is gazing at the stars from her balcony, exclaiming dreamily, “Romeo, Romeo, where art thou, Romeo?” A voice from below responds, “Here I am, you moron, give me a hand-up.” Juliet looks down and sees Romeo climbing up the balcony. Before she has a chance to help, Romeo loses his footing, and falls, breaks his arm. Juliet races downstairs and tries to set the arm, even though Romeo tells her that she should wait for a doctor. Juliet makes the break much worse by moving his arm the wrong way. Has Juliet done anything wrong? Has Juliet committed a battery?

Extension Complete battery hand-out for homework.