Term
| Establishes the eggshell Doctrine |
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Definition
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Term
| For battery: you only have to intend harmful or offensive contact. |
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Definition
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Term
| If a person has knowledge with substantial certainty that harm/offensive contact will result, constructive intent is inferred. |
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Definition
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Term
| For battery--no contact with person necessary. Contact with thing "closely associated" with person can afford battery. |
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Definition
| FISHER v. CARROUSEL HOTEL |
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Term
| Contact that is offensive to a reasonable sense of dignity can be battery, regardless how trivial. |
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Definition
LEICHTMAN v. WLW JACOR
F: Blew smoke in face |
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Term
| Particulate matter has physical properties capable of making offensive contact if caused by individual. |
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Definition
LEICHTMAN v. WLW JACOR
F: Blew smoke in face |
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Term
| Anytime a person intends their contact to offend, it will count as 'offensive' for the purposes of battery. |
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Definition
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Term
Determine implied subjective consent from a standard a reasonable person in particular circumstances.
(secret intent doesn't count) |
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Definition
BARTON v. O'BRIEN
F: Steamship innocuation |
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Term
| If there is a criminal act, but the person acted upon consents with knowledge of the nature and quality of the act, no battery exists |
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Definition
BARTON v. BEE LINE
F: Statutory rape
RSTMNT: If you consent to a criminal act, you cannot sue for civil action b/c of that act, unless you are the member of a privileged class: children, mentally infirm, etc. |
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Term
| Consent cannot be given unless the person has full awareness of outcomes. |
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Definition
| BANG v. CHARLES T. MILLER HOSPITAL |
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Term
| If the need to extend an operation further than was originally consented to arises, doctors will not be held responsible if it was their medical duty to perform the extended operation. |
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Definition
KENNEDY v. PARROTT
F: Dr. punctured cysts while operating for appendicitis. |
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Term
| If an emergency situation arises and it's impractible to obtain consent from the individual or others. |
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Definition
KENNEDY v. PARROTT
F: Dr. punctured cysts while operating b/c of appendicitis. |
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Term
Implicit consent to some level of violence is not consent to any level of violence.
If an action is outside the realm of usual conduct for the activity that was consented to, it may be battery. |
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Definition
HACKBART v. CINCINATTI BENGALS
F: Football player attacked other player on field. |
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Term
| Fraudulently obtaining implicit consent will not be a defense to a charge of battery. |
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Definition
DEMAY v. ROBERTS
F: Dr. doesn't tell mother that man in birthing room is not medical personnel. |
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Term
| An action of force is justified by self-defense whenever the circumstances are such as to cause a reasonable man to believe that his life is in danger or that he is in danger of receiving great bodily harm and that it is necessary to use such force for p |
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Definition
COURVOISIER v. RAYMOND
F: D, trying to chase out burglars w/ his gun; accidentally shoots cop who had come to the scene, thinking that the officer was going to attack him |
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Term
| Reasonable force may be used to protect property, but not such force as will take human life or inflict great bodily harm. |
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Definition
Katko v. Briney
F: The Brineys (D) placed a "shotgun trap"/spring gun in one of the bedrooms of a house owned, but not occupied, by them, and Katko (P) was injured by this trap when he broke into the house. |
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