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The only requirement is that one intends (dual intent) to commit battery, even if that unintentionally results in the 'wrong person' being battered Or must she also intend that the contact be harmful or offensive? Dual is the intent to make contact and that it be harmful or offensive
At Home Notes #4 - Intent and Dual and Single Intent - At Home Notes
Not all courts apply vosberg definition of. But this usual way of characterizing the intent is fatally ambiguous.14 must the defendant intend only to cause the contact Dual is the intent to make contact and that it be harmful or offensive.
The dual intent rule requires that the defendant intends both to make contact and to cause harmful or offensive contact, while the single intent rule only requires the intent to make contact, regardless of whether the contact is harmful or offensive
This distinction affects the burden of proof and the outcomes in battery cases. At home notes # b Single intent some jurisdictions are single intent, some are dual intent Knows with substantial certainty that conduct will) cause a contact with plaintiff
For dual intent, defendant must also intend. The courts are split on the issue 16 (the restatement (second) gives muddled guidance here A π must demonstrate both the intent and action/result elements
∂ must intend to [1] cause a contact with the π [2] that is harmful or offensive
Single intent = [1] only Dual intent = [1] + [2] [1] The intent to contact is satisfied if the ∂ either Desires to cause the contact
Intent in battery court found d liable, since he intended to act (and knew that p would attempt to sit) No intent to harm necessary white v To preserve bodily integrity v Dual intent or single intent
First, what intent is required for battery
Why, the inten[t] to cause a harmful or offensive contact,13 of course