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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 To preserve bodily integrity v Dual is the intent to make contact and that it be harmful or offensive
What is Dual Intent US Visa? H1B? Non-Immigrant Intent? 214(b)?
Not all courts apply vosberg definition of. No intent to harm necessary white v 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.
Dual is the intent to make contact and that it be harmful or offensive. The courts are split on the issue 16 (the restatement (second) gives muddled guidance here 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. 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
In states of single intent, the plaintiff only needs to prove that the defendant intended to touch, while in dual intent states, p also needs to prove that the d intended to cause harm or offend The harm includes infliction of pain or injury, and offensive conduct. Intent in battery court found d liable, since he intended to act (and knew that p would attempt to sit)
