Outline of Torts

A. A person acts with intent to produce a consequence if:

1. the person has the purpose of producing that consequence; OR

2. the person knows to a substantial certainty that the consequence will ensue from the person s conduct

B. Battery

1. An actor commits battery if he acts intending:

a. to cause a harmful or offensive contact to person of other or a third person OR

b. to cause imminent apprehension of such contact AND

c. harmful or offensive contact actually results

2. Elements:

a. a contact

b. that is harmful or offensive, and

c. that the defendant caused intentionally

3. Essence of battery is an offense to dignity involved in unpermitted invasion of inviolability of person

4. Not necessarily any physical harm done to body or actual physical injury

5. Includes unpermitted and intentional contacts with things connectedto the body (clothing, cane) when done in an offensive manner

C. Assault

1. An actor is liable for assault if:

a. he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, AND

b. the other is thereby put in such imminent apprehension

2. Every battery does not include an assault

3. Assault is all about awareness

4. Need apparent ability for assault to occur, no assault when the defendant is too far away to do harm

5. Victim must perceive harmful or offensive contact is about to happen

a. if attacked from behind or while asleep there is no apprehension and no assault

6. Defendant must desire or be substantially certain that actions will cause apprehension of immediate harm or offensive contact

7. If A knows his gun is unloaded and points it at B, which causes apprehension, it is an assault even though A neither had the intent nor the ability to harm B

8. Words alone do not constitute assault, need words with conduct.