*** Children under 7 are immune from tort liability.
(1) Act (or failure to fulfill duty) – voluntary – by defendant that causes injury.
(2) Intent to cause harmful or offensive contact (to reasonable person or knowledge of sensitivities) OR to cause fear of such contact. The test for intent is subjective. Did individual desire to cause harm or offense?. . . intent is satisfied either by (1) act done w/ substantial certainty contact will result or (2) an act done with the purpose to cause the contact; an individual could be (1) playing a joke or (2) intending to assault and still commit a battery.
(3) Harmful or offensive Contact – to the plaintiff or something so close to the plaintiff. . . could be touching (e.g. a wire set for someone to trip on could be contact, a chair, clothing). Offensive/harmful to reasonable person. Does not matter if the individual is harmed or offended. . . . as long as the reasonable person would be.
(5) Lack of Consent – without consent. . . eg. In LoT, Romeo helping Juliet up after knocking her down. She didn’t give permission, ergo battery
(7) Causation – the legal cause or force that puts in motion the force that causes the injury.
(8) Damages – No need to prove damages. Award based upon harmful/offensive contact. Plaintiff can receive compensatory damages for damages related to touching (must prove damages) and consequential damages. Punitive damages when defendant intentionally harmed P (need to show malice).
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