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Intentional Torts: An Example |
| Brian elbows Diana: Brian is riding in a crowded elevator; he thinks Diana is crowding him too closely, so he sharply elbows her in her arm. The blow breaks Diana’s arm and causes her to go into convulsions (a result of an undiagnosed medical condition). Is a court likely to find that Brian is liable for Diana’s injuries? |
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The answer is, yes. The court will most likely hold that Brian committed the intentional tort of battery and will, as a result, order him to compensate Diana. |
| Diana must show five things to show that Brian committed the intentional tort of battery. They are: a volitional act; intent; causation of a prohibited outcome; proximate causation; and injury. This is the basic pattern of any intentional tort. We will use battery to illustrate the pattern. |