Tuesday, August 24, 2010


I realize that I am only two days into this quarter, so it is a little early to be making projections about which classes I will/will not like. However, that does not keep me from making those predictions. :) My guess? Contract law is not my cup of tea. The act of writing a contract, our professor explained, requires a lawyer to anticipate everything that could potentially go wrong between the signing of the contract and the performance of the promises. The mere thought of writing a contract in real life makes me a little sick – because if you mess up, your client could end up with huge problems. That’s an awful lot of pressure!

How, you may ask, did my comic book contract turn out? It definitely failed to cover everything…And the professor’s goal that we be able to sympathize with the people whose contracts we are going to tear apart this semester? Yeah, that goal was definitely met.

On the other hand, I predict that Torts is going to be my favorite class this quarter. Civil suits can be SO interesting (at least in my nerdy brain!). This week we have been talking about battery. The end of this paragraph will be a mini legal lesson, so if you’re not interested, just skip ahead now. :)
For those of you who are still with me, there are 5 elements of battery:

1. Act – A voluntary act by the tortfeasor (aka defendant)
2. Intent
    a. Purpose – a desire to commit harmful or offensive
   b. Knowledge to Substantial Certainty – knowledge that
         your actions will likely lead to harmful or offensive
3. Harmful/Offensive Contact
4. Cause in fact
5. Injury (presumed) – Even if there is no actual harm done, there is always an injury presumed, and therefore a battery case can be brought even without physical harm.

The scariest part of battery cases is that the tortfeasor may have a pure motive and still be liable for damages. Even if I make contact intending to help, I am liable if harmful contact occurs. So, before you go touching anybody, get consent!

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