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Topic: Battery (tort)

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In the News (Tue 20 Aug 19)

 Legal Definition of Tort
A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages.
Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force.
Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.
www.lectlaw.com /def2/t032.htm   (385 words)

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Under respondeat superior, an employer is vicariously liable for its employees tort, rather than being liable for negligently failing to prevent it, where the employee was acting within the scope of his employment when the tort was committed.
Intentional torts are sometimes found to be superseding causes relieving the negligent tortfeasor of liability (Restatement (Second) of Torts Section 448(1965)), and Congress might reasonably have concluded that in all cases the individual tortfeasor, plainly the more culpable party, ought to be required to defend his actions.
Such a rule would likely be most effective in deterring intentional torts since injured persons would almost surely choose to sue the government rather than the tortfeasor if suit against the government were not barred, and the cost to the government of seeking indemnity from the tortfeasor would likely be high.
www.usdoj.gov /osg/briefs/1987/sg870154.txt   (4511 words)

 Failure to Respect Advance Directives Is Medical Battery   (Site not responding. Last check: 2007-11-06)
In the medical context, battery occurs when a patient is treated without his or her informed consent.
While medical battery demands a showing of intentional and unauthorized harmful or offensive contact, negligence requires proof that the practitioner had a duty of reasonable care for the patient and that he or she breached this duty.
Medical battery should also be distinguished from claims of "wrongful living." Wrongful living is a relatively new cause of action that addresses a medical professional's intentional or negligent interference with an individual's right to refuse medical treatment.
www.painlaw.org /medicalbattery.html   (2589 words)

 Battery (disambiguation) - Wikipedia, the free encyclopedia
(The origin of "battery" lies in words that mean "to beat", and a cluster of senses related directly to that (for example, the crime of beating or otherwise injuring someone).
Another cluster of senses began as metaphors to the assembly of multiple artillery pieces into "batteries" that jointly beat a target, and thus include various other entities working in concert.
a farming practice where hens are confined in small cages to lay eggs, see battery farming.
en.wikipedia.org /wiki/Battery   (317 words)

 Business Law Today Quiz Answers: Torts
Tort law is common law, as opposed to civil law.
Tort law is private law and does not involve coercive penalties such as jail time.
Parties to a tort case usually want something more than a verbal slap on the wrist for their opponent as compensation.
www.swlearning.com /blaw/blt/quiz_torts/answers.html   (1504 words)

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Specifically, the court stated that the intentional tort exception would not preclude the claim of a plaintiff who "allege(d) sufficient facts which, if proven, would demonstrate that the government should have reasonably anticipated that one of their employees would commit an intentional tort" (ibid.).
Neither the text nor the legislative history of the FTCA suggests that Congress intended to distinguish between claims for injuries from intentional torts that are based on a negligent supervision theory and claims based on a theory of respondeat superior, or that Congress intended to permit the former and preclude only the latter.
The intentional tort exception was amended in 1974 to permit FTCA suits for certain intentional torts by law enforcement officers.
www.usdoj.gov /osg/briefs/1984/sg840069.txt   (6521 words)

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Intentional torts are torts that usually have a crime associated with them though not always.
This tort allows a plaintiff to recover when there is no other tort to base the damages on.\par }{\plain \par }{\plain Infliction of Emotional Distress involves only incidents, which would shock the conscious.
For example, there was technically a battery when the ambulance driver does CPR on a patient who has had a heart attack, but there was a necessity for the action (this particular example could also result in a good Samaritan defense).
www.cwru.edu /orgs/undergradmocktrial/notebook/section_21.doc   (1730 words)

 Battery Operated Toys   (Site not responding. Last check: 2007-11-06)
A car battery is a true "battery" because it uses multiple cells inside of it that are connected together in series, thus forming a battery.
Multiple batteries or cells may also be refered to as a battery pack as a set of multi-cell 12v batteries in an electric vehicle.
There is some evidence—in the form of the ''Baghdad Batteries'' from sometime between 250 BC and 640 AD—of galvanic cells having been used in ancient times to electroplate base metal objects with a precious metal.
www.wwwtln.com /finance/16/battery-operated-toys.html   (745 words)

 Texas Personal Injury Law: General
Battery also is a misdemeanor under Texas law, punishable by up to one year in prison and/or a fine of up to $4000.
Battery is an example of an intentional tort--the defendant intended to hit the plaintiff.
When a tort is also a crime, the results from the civil and criminal cases do not have to be consistent; in fact, the outcomes frequently are contradictory.
www.weblocator.com /attorney/tx/law/c19.html   (3294 words)

 What are Tort Laws?
Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others (McCarthy and Cambron-McCabe, 1992).
Teachers accused of assault and battery are typically given considerable leeway by the courts (Alexander and Alexander, 1992).
This is because assault and battery cases often result from attempts to discipline a student or stop a student from injuring someone.
cecp.air.org /interact/authoronline/february99/2.htm   (514 words)

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The Court noted that an employer is vicariously liable for the torts of its employee, even when the employee’s actions are intentional, if the actions were done while the employee was acting within the scope of his or her employment.
Plaintiff subsequently claimed that the sexual conduct represented assault and battery, and she sued the Canal Corporation, alleging that it was vicariously liable for the conduct of Zillioux.
Plaintiff alleges that the kiss represents an assault and battery and she sued Amtrak, claiming that it was vicariously liable for the actions of Anderson.
www.bna.com /bnabooks/ababna/rnr/2002/schwimmer.doc   (4735 words)

 Tort Claims Business Owners Should Watch Out For
Depending on the tort, intent may have to be specific (i.e., the defendant intended to bring about a particular consequence) or general (i.e., defendant knew or should have known that the particular consequence would result).
A plaintiff may pursue an assault and battery claim if she is a victim of unwanted touching or other forms of sexual harassment in the workplace.
Like assault and battery, false imprisonment is a claim that may be raised in a sexual harassment suit, especially if the defendant's advances included the use of force or threat of force to restrain the plaintiff, no matter how short the period of confinement was.
www.inc.com /articles/1999/11/15379.html   (838 words)

 Definition of Battery (crime)
Battery is often broken down into gradations for the purposes of determining the severity of punishment.
Family violence battery may be limited in its scope between persons within a certain degree of relationship: statutes with respect to this offense have been enacted in response to increasing awareness of the problem of domestic violence
Aggravated battery is generally regarded as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement of the victim.
www.wordiq.com /definition/Battery_(crime)   (324 words)

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Torts to property: the last 2 of the 5 classic torts (battery, assault, false imprisonment, trespass to property, trespass to chattels) A. Trespass to property 1.
Defenses to intentional torts: All are affirmative defenses and must be pleaded by the defendant A. Misbehavior on the part of the defendant 1.
This privilege is a defense to a claim of battery, unless (1) The punishment inflicted was excessive or caused permanent injury, or (2) The teacher used his privilege as a cover for satisfying his own bad passions, whatever the severity of the punishment.
www.ibiblio.org /jwsnyder/outlines/tortf92.txt   (13696 words)

 Info and facts on 'Battery (tort)'   (Site not responding. Last check: 2007-11-06)
In common law (A system of jurisprudence based on judicial precedents rather than statutory laws), battery is the tort ((law) any wrongdoing for which an action for damages may be brought) of intentionally causing harmful or offensive contact with another person.
As distinguished from assault (Close fighting during the culmination of a military attack), battery requires an actual contact, not just intent to cause contact.
There are defenses to battery, including the reasonable necessity of self-defense or defense of others.
www.absoluteastronomy.com /encyclopedia/B/Ba/Battery_(tort).htm   (185 words)

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Holds the employer strictly liable for the negligence torts of the employee even though the employer was not negligent in hiring or supervising the employee.
Epstein’s critique of custom: divides between torts between strangers and those with consensual relations — and those with consensual relations, custom should be conclusive of no negligence, he trusts the markets will drive the custom standard to an efficient one between the buyer and the seller.
The cause for action for physical damages is in tort for the both the buyer and bystander is in tort.
www.law.harvard.edu /students/orgs/salsa/outlines/Kennedy1.doc   (11269 words)

 Michigan Appellate Digest - 170609 Sudul v City of Hamtramck   (Site not responding. Last check: 2007-11-06)
The trial court confused the issues of intentional torts and the gross negligence exception to governmental immunity and instructed the jury that the defendants could be liable if they committed grossly negligent assault and battery.
Under the governmental immunity act, a governmental agency is immune from tort liability when the agency is engaged in the exercise or discharge of a governmental function.
The intentional torts of assault and battery were recognized exceptions to governmental immunity before July 7, 1986, and thus remain exceptions to governmental immunity.
courtofappeals.mijud.net /Digest/newHTML/17060921.htm   (802 words)

 Assault and Battery
In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching.
Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff.
A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person.
www.expertlaw.com /library/personal_injury/assault_battery.html   (1179 words)

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Torts are wrongs recognized by law as grounds for a lawsuit.
Where a tort requires a particular state of mind, and an infant is incapable of forming such a state of mind, he cannot be found guilty of the tort.
Under the doctrine of transferred intent, one who intends a battery is liable for that battery when he unexpectantly hits a stranger instead of the indented victim.
www.studentweb.law.ttu.edu /lcs/Outlines/2000-Torts-Cochran.doc   (4290 words)

 Marital Torts, New Way to Handle Fault in a Divorce
A marital tort comes from incidents or behaviors that occurred between spouses, and sometimes third parties, during the marriage, even during the pendency of a divorce suit and possibly afterward in certain circumstances.
For example, if the underlying tort is fraud or spoliation of evidence for hiding assets, lying about the value of assets, or transferring assets to deprive a spouse from having the asset included in the marital or community estate during a dissolution of marriage, anyone who assisted in the wrongful activity is at risk.
You may still be able to file a tort action for events that occurred after the divorce or if the waiver is specific in nature instead of a general waiver.
www.smartdivorce.com /articles/torts.shtml   (1501 words)

 78553 -- Smith v. Welch -- Lockett -- Kansas Supreme Court   (Site not responding. Last check: 2007-11-06)
However, the civil injury caused by an assault, battery, or sexual battery is not merged in the crime in that the injured party has a civil right or remedy against the perpetrator of the crime.
K.S.A. Sexual battery is the intentional touching of the person of another who is 16 or more years of age, who is not the spouse of the offender, and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.
K.S.A. Assault, battery, and sexual battery are statutory crimes; however, the civil injury caused by an assault, battery, or sexual battery is not merged in the crime in that the injured party has a civil right or remedy against the perpetrator of the crime.
www.kscourts.org /kscases/supct/1998/19980918/78553.htm   (4644 words)

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Tort liability depends on an act (or a failure to act when one has a duty to act).
Intent transferrs from int’l tort of battery to tort of assault.
One is clearly liable in tort damages caused by mistake, notwithstanding the action was in good faith Generally, mistake as to the identity of the person or animal does not negate intent.
www.geocities.com /susi_masarweh/intentionaltorts.doc   (1636 words)

 Torts FAQ   (Site not responding. Last check: 2007-11-06)
Nominate Torts would refer to a proper or a peculiar kind of tort i.e., Battery, Assault, and the like while innominate would refer to torts in general.
Type 1 torts are highly nominate, involve a simple template structure, and the requisite "intent" is intent to do physical act, not any intent to do harm, malice or bad motive.
The tort of assault (much like that of battery) protects the plaintiff from interference with her basic bodily integrity (not really her emotional well-being).
lawlib.slu.edu /nicolasterry/faq.htm   (11296 words)

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Both trespass and case were strict liability torts: i.e., if D committed the tort, then she was liable, no matter what the circumstances were.
Restatement (Second) of Torts §166 Takes the position that accidental entries into land are not actionable except in conjunction with “abnormally dangerous activities.” As part of civilized society people give up rights, but you get rights by being part of the social state.
Restatement Torts 2d, 425-426 P is required to exercise only that amount of care which would be exercised by a person of ordinary prudence in the same circumstances.
www.law.nyu.edu /studentorgs/sba/outlines/firstyear/torts/fox.doc   (11878 words)

Tort Law - definition: Civil law of reparation for harms done by wrongful acts.
Torts are Civil laws as opposed to criminal laws.
assault and battery), but just because a person is successfully sued for assault and battery, doesn’t necessarily mean they are liable for committing the crime of assault and battery.
www.stcl.edu /students/sba/torts.htm   (7903 words)

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An intent to cause a harm identified in any of the torts of battery, assault, false imprisonment, trespass to land, or trespass to chattels is sufficient as proof of intent for any of these same torts.
Insane people are responsible for their torts except when tort requires malice (mental state) they aren’t capable of.
Only the five torts of trespass Assault Battery Trespass to land Trespass to chattels False Imprisonment Battery Elements To cause With a purposeful or knowing mental state Intent to cause harmful or offense contact And the contact occurs Underlying social value: personal dignity is important.
www.mactyre.net /shelley/outlines/Intentional-Torts-Outline.doc   (1295 words)

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AMLA7 § 13.4, p.315.] In the trial of a negligence tort action, the judge, as opposed to the jury, must determine whether the defendant acted reasonably in either performing or not performing the actions in question.
WPT p.214.] Assault is defined as __________; battery is defined as __________.
WPT p.222.] Knowing the categories of torts is important for the legal assistant to know what defense may be applicable.
www.nals.org /onlinestudygroup/materials/06-21-05ans.doc   (1097 words)

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