Torts 1

• 1) Harmful or offensive contact
• 2) with the person of another
• 3) that is caused by
• 4) the intentional act of the defendant

An objective test is used: what would a reasonable person find to be harmful or offensive?

• Built into this test is variance for different activities.
• Example:
• A reasonable person would find a kick to the leg harmful or offensive in everyday life, but merely part of the game during a soccer match.

Generally no, unless the tortfeasor was aware of the hypersensitivity.

• Example:
• X is sensitive to taps on the shoulder. Y needs directions and taps X on the shoulder. X has not committed battery unless X knew Y was hypersensitive to taps on the shoulder.

An individual's body and items closely associated with it, including clothing, accessories, and even animals such as dogs and horses.

The intentional act must be either the DIRECT cause or the PROXIMATE cause of the offensive contact.

Proximate cause: R puts in false step as a joke on S. S falls when he steps on the false step. R is the proximate cause of S's injury.

No proof of injury is needed. The harmful or offensive contact itself is harm enough.

Nominal damages, which are awarded even if there is no actual injury.

Actual damages

Punitive damages, especially where the defendant acted with malice.