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Elements of Battery
- 1. Touch
- 2. Of a person
- 3. That causes harm
- 4. With intent or substantial certainty
Can insane have intent to commit battery?
Describe a battery with transferred intent
A throws a stick at B, it misses and hits C. A is still liable for battery of C.
What are the two main defenses to battery?
- 1. Self defense
- 2. Consent
Describe the standard for informed consent in a medical context.
Doctor reveals every material and reasonable risk
Material judged by whether it would have made plaintiff change his decision about the care
Give elements and one example of offensive battery
- 1. Intentional (not reckless or negligent)
- 2. Touching of a person
- 3. Which offends or humiliates
Example: spitting in face
Give the elements of assault
- Threating gesture (not just verbal)
- Puts someone in immediate apprehension of physical harm.
Give the elements of false imprisonment
- Intentional (negligence if harm is great)
- Act of restraint
- Effective confinement (three walls do not a prison make)
Name two defenses to false imprisonment.
- 1. Preventing injury to person or property
- 2. Safety and care of a child
List the elements of Intentional Infliction of Emotional Distress.
- Extreme and outrageous conduct
- Intentional or reckless
- Inflicting emotional distress
What is it called when a guardian gives consent for a minor or incompetent person?
What are the three criteria for evaluating a claim of self defense?
- Least restrictive mean
What is public necessity a defense to?
Describe public necessity
Defense to a tort against property that action was necessary to protect the public. Private person can invoke this.
What are the three steps for dealing with a trespasser?
- 1. Ask him to leave
- 2. Touch, but don't wound
- 3. Call police.
If person is actively destroying property, go to step two
What are the three types of negligence cases?
Intimates- People with a preexisting relationship
Highway- People involved in a structured interaction, example is rules of the road
What are the elements of negligence?
- Cause In Fact
- Proximate Cause
What are the elements of harmony?
What is negligence per se?
Breach element is proven by unexcused violation of a statute.
What are excuses for violating a statute?
- It would be more dangerous not to
- Compliance was impossible
What standard is used if violating a statute is excused?
Describe the reasonable person standard
The care a reasonable person would take in the circumstances.
Is the reasonable person standard objective or subjective?
What is the standard of care for a child? What is the exception?
Standard for a child is a child of that age. Exception is when he is engaged in an adult activity.
What is the standard of care for an elderly person?
Normal standard of care
When is an expert held to a higher standard of care?
When he puts himself out as an expert
What standard of care is a disabled person held to?
Same standard as a reasonable person with the same disability.
What standard is a drunk person held to?
Normal reasonable person standard
How can a beginner be held to a lower standard?
By pushing information that he is a beginner to others.
Describe the Learned Hand formula and tel what it does.
If risk * severity is greater than the cost of precaution, you must take the precaution or you are negligent. It sets the standard of care.
What is the role of custom?
It can help set the standard of care.
What is the formula for medical custom?
Degree of skill and learning normally possessed by a doctor in similar circumstances.
Describe res ipsa loquitor.
Rebuttable presumption of breach.
What are the elements of Res Ipsa Loquitor?
- Type of accident normally does not occur without negligence.
- Negligence is within scope of defendant's duty to plaintiff.
- It helps if other possible causes are eliminated.
What doctrine would be used in a situation where only defendant had knowledge about whether there was a breach?
Res Ipsa Loquitor