I.B. The Boundaries of Battery and Assault | Jonathan Zittrain | December 21, 2012


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I.B. The Boundaries of Battery and Assault

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Garratt v. Dailey--"The Chair-Pulling Five Year Old"
    Original Creator: Jonathan Zittrain
    Should defendants be liable if they knowingly expose the plaintiff to a near certainty of harmful contact? If so, should liability still be assigned even if the defendant did not act for the purpose of hurting the plaintiff?
    As plaintiff prepared to sit, defendant—a five-year-old boy—pulled out the chair from beneath her. Plaintiff fell and fractured her hip. Defendant argued that he had no intent to hurt the plaintiff nor cause her to fall, and that he took the chair to seat himself on it and for no other purpose.
  2. 2 Show/Hide More Picard v. Barry Pontiac-Buick, Inc.--"The Camera Toucher"
    Original Creator: Jonathan Zittrain
    Should intentional contact with an object attached to the plaintiff constitute battery? For the tort of assault, should we consider if defendant intended to cause apprehension in the plaintiff?
    Plaintiff received contradictory results from safety inspections conducted by defendant and another automobile service provider. When plaintiff attempted to photograph the defendant for a local news “troubleshooter” report, defendant touched the camera and protested the picture-taking.

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