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ANSWERS TO SHORT-ANSWER QUESTIONS

Note: References of the form “Ch.x...” (e.g., “Ch.2(IV)(A)(1)”) are to the full-length Emanuel Law Outlines: Torts, Tenth Edition, 2015.

1. Yes.The distinction here is between intent and motive. Intent is the desire to cause a certain immediate result; motive is why the tortfeasor chose to behave a certain way. A battery is the intentional infliction of a harmful or offensive bodily contact. The required intent is the intent to make a contact (or to create an apprehension of a contact). It is not necessary that the defendant desire to harm the plaintiff, as long as he intends the contact and the contact is in fact harmful or offensive. The harmful touching here was mis-setting the arm; Juliet voluntarily set the arm as she did, so she satisfies the intent element of battery. Her motive was to help, but that by itself won’t relieve her of liability.

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