Term
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Definition
| Intentional contact that results in harm or is offensive |
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Term
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Definition
- Kid lightly kicked another child in the leg.
- He had microbes that were "excited" by the kick.
- His leg subsequently fell off.
- The kicker did not intend to cause bodily harm.
- Liable because in the classroom rather than on the playground
- Since there was an offensive contact, he is liable.
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Term
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Definition
- Offensive if it would offend a reasonable persons sense of personal dignity
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Term
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Definition
- Intent to commit battery
- Does not require contact
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Term
| White v. University of Idaho |
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Definition
- Deals with battery
- Touches contours of respondeat superior
- Can't sue for intentional torts of employees
- Any reasonable person would not have found the contact offensive…it is not up to the student to dictate what should happen during a piano lesson, that is up to the piano instructor.
- If she had a problem, she should have said something….then if he did it, she could have action for battery
- Most states say you only need intent to contact
- To prove offensive contact, might need to know about the customs of the situation
- The playground example from Vosburg is instructive
- Offensive can be proved in one of two ways:
- Implied license
- Normally expected, but can be opted out of
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Term
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Definition
- Implied agreement that arises from the proximate situation that limits the liability of an individual for tortious acts
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Term
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Definition
- Only need contact, but not intent to harm.
- Mental state of individual not limiting
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Term
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Definition
- Need both intent to contact and intent to cause harm
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Term
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Definition
- Just because you hit the wrong person, it doesn't mean you didn't intend to cause harm.
- You intended to harm someone, just maybe not the person you did.
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