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Related Flashcards
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Cards In This Set
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Reasonable (obj) personal sense of dignity harmed / Doctor shoves nurse’s face into surgery patient’s open wound, liable for battery
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Wagner v. State
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Single intent std- only contact needed/ mentally disabled man hits woman in store, liable for battery
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Dual intent, must intend contact to be harmful or offensive / Alzheimer's lady hits caretaker, not liable for battery
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Int. intent=unconsented-to contact/ piano teacher touches student on back, liable for battery
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Vosberg v Putney
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Intent transferred from offensive to harmful/ boy kicks other boy's leg in class, liable for battery
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Stoshak v. East Baton Rouge Parish School
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Intent transferred from one person to another/ fight at school, accidentally hit teacher that intervenes, liable for battery
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Brown v. Martinez
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Intent for assault transfers to intent for battery / kids stealing watermelons, liable for battery
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Liechtman
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What counts as physical object for contact? / smoke blowing in face, liable for offensive battery
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Fisher v. Carrousel
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What is "person" of another? / waiter yanks plate out of black man's hand, liable for offensive battery.
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Brzoska v. Olson
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"Normative" approach to objectively offensive / dentist with HIV, not liable for offensive battery
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Cohen v. Smith
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Subjective test of offensive - notice req'd / woman doesn't want to be seen or touched while naked, liable for offensive battery
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Robins v. Harris
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Consent vitiated by certain power dynamics / woman gives bj to prison guard, consent not a defense
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Kennedy v. Parrot
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Scope of consent/ doctor pops cysts while doing other operation, not liable because want drs to be proactive (policy decision)
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Ashcraft v. King
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Scope of consent: gets HIV infected blood, wanted blood only from family, doctor liable for battery
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Hattori v. Peairs
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Reasonableness of fear for self-defense / japanese exchange student goes to wrong house for party & gets shot, home owners say they were "scared to death", liable for death
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