1
Current Law Students / Re: Clerkships and Bar Admission
« on: July 26, 2006, 10:26:54 PM »
no
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
I started making my own and found reading, case briefing, outlining, & creating flash cards to be to time consuming. I purchased Bar Cards and now just make my own cards for areas not covered by Bar Cards or where I want additional practice.
Hmm, are you sure this is the test the professor offered? We just did the case with the chair being pulled out, and for us the test wasn't whether a reasonable person would find the act to be offensive, but instead whether a reasonable person would have known that the offensive contact would occur.
In other words, if D didn't mean for the offensive contact to occur, but knew that his actions would most likely cause the contact then D had intent...This is what my prof said today about this:
D can be liable for battery if he makes offensive contact with P, even if he does not intend for it to be offensive. ie D pulls chair out from under P before P sits down. P falls and bruises back. D might not have intended the harmful contact, but a reasonable person would find the act by D offensive and is therefore liable for the injury that results from such contact.
D cannot be liable for battery if he makes harmful contact with P if he had no intent to harm and it was not considered offensive by a reasonable person. ie the man who grabs the falling man and he breaks his arm. A reasonable person would not find that contact offensive, and D did not intend to harm.