Battery
- I. Elements:
- 1. Intent to touch (internal mental state)
- – excludes: accidents, epileptic fits, pushed by someone else, etc.
- 2. Touching
- attempt to touch isn’t enough
- physical, but how physical?
- 3. Touching is offensive or harmful
- to a reasonable person, not to the plaintiff or defendant
- how specific is “reasonable person”? Under what circumstances?
- 4. USUALLY NOT REQUIRED: intent to harm. But see White v. Muniz: perhaps you need to “understand” that the touching will be harmful or offensive? Or maybe you do need to “intend” offense?
- II. Defenses:
- 1. Consent
- Any touching, however offensive, is permitted if consented to.
- 2. Excuse or justification
- When the policeman handcuffs you, is that a battery?
- III. Sources of Law:
- 1. What is the Restatement and who cares?
- 2. Where does the common law come from?
- 3. Who decides?
- 4. Judge questions and jury questions (law/fact distinction). Is reasonableness a question of law or fact?
