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Battery: battery occurs when the defendant's intended act results prejudicious or of fesnive contact to the plaintiff's person.
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Donny will atomic number 4 liable for Assault and for battery.
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A battery is the unlawful touching the person of other by the attacker himself, or whatever other substance put option in motion away him.
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The accompanying exam answers are written by Bar None Review. Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission.
How to test your knowledge of assault and battery?
The following scenario aims to test your knowledge of this topic and your ability to apply what you have just learned in a real life setting. Have a look at the following passage and try to pull out the material facts and legal issues. Highlight these as you go through and jot down any key points, ideas, or relevant law that come to mind.
How to recover an intentional tort of battery?
To recover for the intentional tort of battery, Paul must establish that Dina intentionally caused a harmful or offensive contact with Paul’s person. Intent. Here, the same act of Dina, riding the bike at Paul, suffices as the intentional act. The act was voluntary despite Dina’s illness as discussed above.
Why is the tort of Battery Limited in medical practice?
The tort of battery has also been limited in the protection it affords due to the emphasis on the need to find a deliberately inflicted harm upon a patient, which occurs rarely in cases of medical practice. 1 Alasdair Maclean, Autonomy, Informed Consent and Medical Law: A Relational Challenge (Cambridge University Press, 2009) p.149
Last Update: Oct 2021
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