Do Now: 1. Place Homework on Desk2. Review what are the elements of battery?

1. Review Battery hand-out2. Discuss individual scenarios with

students3. Conduct a legal analysis of student

created fact patterns using legal elements of Battery.

Consider Mohr v. Williams, 104 N.W. 12 (Minn. 1905)

Questions: Has D committed a Battery?

Issue? Yes. The surgery to the left ear was an

unauthorized, offensive contact, and constituted battery even though it was not in fact harmful to P’s health.

Rule?

Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex 1967)

Question: Has D committed a battery?

Issue? Yes. P has suffered a battery. The

intentional snatching of an object from one’s hand is as clearly offensive invasion of his person as would be actual contact with the body

Rule?

D, a surgeon agrees to perform liposuction on P’s thighs. While P is under anesthesia, D decides that P could benefit from liposuction on P’s arms. P has not impliedly consented in advance to the procedure.

Questions: Has D committed a battery?

Issue? Yes. Without the consent of P, D’s

behavior went beyond the scope of the bodily contact to which P consented.

Rule?

As a prank, D mails P a box of homemade cookies containing peanuts, to which D knows P is highly allergic. P eats a cookie not thinking it contains peanuts and suffers hives necessitating a stay at the hospital.

Question: Has D committed a battery? Issue? Yes. D knew with substantial certainty that a

harmful contact between the object and P’s body would occur. The fact that the contact was indirect – from an object mailed by D instead of from D’s body or an object held by D - is irrelevant

Rule?

Issue : Legal Question

Rule : Teach the audience the law

Analysis : Application of law to facts• Distinguish• Precedent

Conclusion : Based on analysis of facts, answer to issue.

Do Now: Juliet is gazing at the stars from her balcony, exclaiming dreamily, “Romeo, Romeo, where art thou, Romeo?” A voice from below responds, “Here I am, you moron, give me a hand-up.” Juliet looks down and sees Romeo climbing up the balcony. Before she has a chance to help, Romeo loses his footing, and falls, breaks his arm. Juliet races downstairs and tries to set the arm, even though Romeo tells her that she should wait for a doctor. Juliet makes the break much worse by moving his arm the wrong way. Has Juliet done anything wrong?

Has Juliet committed a battery?

ISSUE – Has Juliet committed a battery? RULE – A battery is the intentional

infliction of harmful or offensive bodily contact.

ANALYSIS:a. INTENT – b. HARMFUL TOUCHING – c. With P’s PERSON

CONCLUSION – Juliet has committed a battery.

Turn to your classmate:1. Share your example.2. Identify the issue or issues in your

classmates scenario. What element is being questioned?

3. Identify the rule of law that applies to the fact pattern?

4. Analyze whether a battery has occurred by comparing (Precedent) or contrasting (distinguishing) the examples to case law you have learned.

5. Conclude whether a battery has occurred.

Identify Partner and recite fact pattern: Then write legal analysis of fact

pattern to determine if a battery has occurred:

• ISSUE• RULE• ANALYSIS• CONCLUSION