Term
Cohen v. Smith (1995)
Offensive Contact & Cultural Relativity |
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Definition
Male nurse helped deliver.
Battery because the contact was contrary to the patient's religious beliefs. |
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Term
Mohr v. Williams (1906)
Limits of Consent |
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Definition
Doctor Operating on Other Ear
Battery because consent was necessary.
Key Issue: Determine if consent is necessary or not; if not there is not battery. |
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Term
Graboswski v. Quigley (1996)
Ghost Surgery |
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Definition
| Consent is person specific, here the opertating doctor did not have consent; thus battery. |
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Term
Brzoska v. Olson (1995)
Consent is objective, not subjective |
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Definition
HIV positive dentist.
Not Battery because the open lesions did not contact the patients. |
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Term
Werth v. Taylor (1991)
Implied Consent |
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Definition
Jehovah Witness' blood transfusion during D&C
Not Battery because the transfusion was an emergency procedure. |
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Term
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Definition
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Term
Hart V. Geysel (1930)
Consent to Illegal Acts |
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Definition
| Battery does not exist because Cartwright consented to participate in the illegal prize fight. |
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Term
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Definition
| Example: Knight v. University of Idaho |
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Term
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Definition
| Example: Vosburg v. Putney |
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Term
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Definition
| Example: Keel v. Hainline |
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Term
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Definition
Contact
Intend to cause contact
Offensive/harmful contact
voluntary act |
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Term
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Definition
Volitional conduct
Can be specific, general or transferred
Mistake/good faith does not excuse. |
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