Wednesday, September 26, 2012

ʃ 18. Battery: Offensive Contact


a.       Comment C- Meaning of “contact with another’s person.”
                                                              i.      Not necessary for actor to bring his body with contact to another’s body. All that is necessary is the actor intends, directly or indirectly, to have something come in contact with the other person (throwing, banana peel on ground, dirt on towel used to wipe your face)
b.      Comment D- Knowledge of contact
                                                              i.      Not necessary for victim of battery to have knowledge of offensive act at the time of the offensive act.
                                                            ii.      Ex: A kisses B while asleep but does not waken or harm her. A is subject to liability to B.
c.       Comment G- Necessity of intention !
                                                              i.      Intent must be present
                                                            ii.      Ex: A throws dirty water from his window at B who is walking on a street below. A few drops fall on B’s hand but do him no bodily harm. A is subject to liability to B.

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