As we move into negligence in Torts, I’ve begun thinking again about a question I had a year or so ago but managed to forget about. Having worked in the state legislature and seen how laws are made, I believe that there often might be a strong case for legislative negligence. Lawmakers unquestionably have extraordinary …
Month: December 2020
Today I took my first quiz, a true and false, multiple choice, half an hour deal in Torts. I’m feeling confident now, as I blew through most of it and only had to ponder deeply on a few of the questions. Still, this was the only opportunity I’ve had to date to evaluate how good …
Unlike battery, no contact is necessary for the tort of assault. Instead, this tort protects against the apprehension of an imminent contact. For example, let’s say I swing my fist at your head. If I hit you, it’s a battery: I intended a harmful or offensive contact and one occurred. But in the very act …
The intentional tort of battery is comprised of two elements: (1) the intent to cause or knowledge with substantial certainty that one will cause a harmful or offensive contact, or imminent apprehension of a harmful or offensive contact, and (2) the occurrence of a harmful or offensive contact. Breaking it up, we get four possible …
Normally, if an offeror makes an offer, it remains open to acceptance by the offeree until one of the following occurs: rejection of the counter offer by the offeree lapse of time revocation by the offeror death or incapacity of the offeror or offeree. Those come from Restatement § 36, which closes with, “In addition, …