Torts question

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BottomOfTotem
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Torts question

Postby BottomOfTotem » Tue Feb 21, 2017 2:33 am

I know I'll probably get ripped to shreds for asking a substantive question on here, but it's where I'm at.

It's in regard to intentional Torts.

Battery
Is the intent, as in a substantial certainty, that the volitional act will result in a harmful/offensive contact or just a contact, then you determine if that contact is objectively harmful/offensive. I thought it was the latter, but I have a midterm and have begun to talk myself out of it. I have been using supplements, but to no avail. I'm getting what seems to be both answers. It isn't about the harm, but he must intend a harmful/offensive contact. How can that be? Isnt the harmful/offensive contact the harm?

This goes for assault too: is the intent just the act or the apprehension?

Sorry, I know this is basic shit, but I'm starting lose it and have a midterm in two days. I've tried to reach out to my professor, but haven't gotten anything back yet.

cavalier1138
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Re: Torts question

Postby cavalier1138 » Tue Feb 21, 2017 6:32 am

*DISCLAIMER*Your professor may teach this differently, so you're much better off asking them or a TA.*DISCLAIMER*

In battery, the intent is to make contact. The actor does not need to intend harm, because any non-permitted contact is a harm, in and of itself (although it may just be a technical harm, so damages would be symbolic). The only snag is that I believe offensive battery requires a knowledge that the contact is offensive.

Assault is the same thing. The intent is to make contact or to cause immediate apprehension of contact.

None of the trespass torts require intent to harm, period. Mens rea is only a concept in criminal law.

bceagle_4
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Re: Torts question

Postby bceagle_4 » Tue Feb 21, 2017 10:09 am

cavalier1138 wrote:*DISCLAIMER*Your professor may teach this differently, so you're much better off asking them or a TA.*DISCLAIMER*

In battery, the intent is to make contact. The actor does not need to intend harm, because any non-permitted contact is a harm, in and of itself (although it may just be a technical harm, so damages would be symbolic). The only snag is that I believe offensive battery requires a knowledge that the contact is offensive.

Assault is the same thing. The intent is to make contact or to cause immediate apprehension of contact.

None of the trespass torts require intent to harm, period. Mens rea is only a concept in criminal law.


^^^^ Yes. Not sure if I'm too late, but just wanted to say that this is correct (to the best of my knowledge) so you have somebody else verifying it. But I certainly agree that you should ask your teacher and TA, who a) know the material better than any of us and b) their jobs are to help you understand this stuff.

Good luck with the midterm.

bluthmodelhome
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Re: Torts question

Postby bluthmodelhome » Tue Feb 21, 2017 12:48 pm

OP, like the above posters said, I really think you're better off asking the professor or a TA, because the answer does vary by prof. For example, my professor taught that it was a jurisdictional split as to whether the defendant must have intended only the contact, vs. must have intended the contact be harmful. i.e. in some jxs any contact would count for battery, and in others a contact that was intended to be innocuous wouldn't count.

As you can tell this is different than what the above posters learned, so it definitely varies.

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BottomOfTotem
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Re: Torts question

Postby BottomOfTotem » Thu Feb 23, 2017 3:20 am

Thank you all for your answers and guidance.

Had the mid term and it was hellish. Kentucky Derby of a race horse exam. Limited sample but it was the most brutal essay any of us have done yet. Don't even remember what I regurgitated for battery.




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