Normally a reasonably prudent person standard (RRP) to determine what is offensive
Not whether particular P found it offensive but whether a RPP offended UNLESS
You are aware of a person’s hypersensitivity, battery could be argued though a RP wouldn’t have found it offensive
What if 6y/0 boy knocks girl down?
Girl develops permanent scars?
Must look to boy’s intent
If he intended to push her down – he’s liable even though he may NOT have intended harm
Victim doesn’t have to be aware of contact at time it occurs for it to be battery
Public policy reason to deter poor conduct
Dentist who attacks patient while she’s under anesthesia
Battery – Examples
note case – doorman kicking car. Is this battery? No
spitting in someone’s face. Is this battery? Yes. It’s offensive – RPP would find it offensive
sexual harassment – if there’s contact it may be a battery
tap on shoulder to ask for directions – it wouldn’t be a battery with a normal person, even if it’s an extremely sensitive person who fears being touched it wouldn’t be a battery
mortician prepares a body and later finds out person had AIDS. Is it battery? There would be an intent problem (hospital didn’t intend for this to happen) plus there’s no certainty he was exposed to AIDS – didn’t develop AIDS so no harmful contact occurred.
blowing smoke in someone’s face is battery when the person was allergic and defendant knew this.
note 4 p. 34 – A is standing with his arm around B’s shoulder, and leaning on him. C, passing by, violently jerks B’s arm, as a result of which A falls down. C could be liable to A with transferred intent.
putting Nair in someone’s shampoo bottle. Is this battery? Yes.
pat another lawyer on the back after a case. Is this battery? No.
girl kisses her boyfriend at school and caused his head to hit a locker. Is this battery? No. the girl didn’t mean it to be offensive – thus no intent
The intentional causing of apprehension of harmful or offensive contact
Same as battery BUT NO ACTUAL CONTACT required
D must have either
Intended to cause the apprehension of contact (thus intent to frighten = intent) OR
Intended to cause the contact itself
Threatened contact AND
Apparent ability to carry out contact
Does Not have to be actual ability – just apparent
Example - Someone points gun at you that is NOT loaded – it is still assault
RPP must believe apparent ability to assault exists AND
Apprehension or anticipation of contact – immediate threat
P must be aware of contact and there must be an immediate threat
Example – if you say “watch out, there’s a snake” but there is NO snake and person runs into a wall, injuring himself = ASSAULT
P doesn’t have to be apprehensive fearful – just have to anticipate contact