TortsBatteryOffensive Contactbatteryoffensive contactreasonable sense of personal dignityordinary personunduly sensitive plaintiff
Facts
Huey, an assistant attorney general, was having a conversation with attorney Peter Crary in Crary's office. Without knocking or announcing his entry, Wishnatsky, who did paralegal work for Crary, opened the door and attempted to enter the office. Huey pushed the door closed, which pushed Wishnatsky back into the hall; Wishnatsky then reentered and Huey left. Wishnatsky sued Huey for battery based on that contact.
Issue
Whether Huey's act of pushing the office door closed and thereby pushing Wishnatsky back into the hall constituted a battery. More specifically, the question was whether this momentary, indirect contact amounted to an offensive contact that would offend a reasonable sense of personal dignity.
Rule
A defendant is liable for battery for offensive contact when he acts intending to cause a harmful or offensive contact, or an imminent apprehension of such contact, and an offensive contact directly or indirectly results. A contact is offensive only if it would offend a reasonable sense of personal dignity, meaning it must offend an ordinary person and not a person unduly sensitive as to personal dignity, and it must be unwarranted by the social usages prevalent at the time and place.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Seattle, Nora Kim and Evan Holt are in a closed conference room having a private budget meeting at Rainline Design Group. Without knocking, coworker Liam Perez swings the door open and starts walking in to ask a routine question. Evan immediately presses the door shut, causing the edge of the door to nudge Liam backward into the hallway for a moment.
If Liam sues Evan for battery, which is the strongest argument that Evan should prevail?
Explanation. Battery for offensive contact requires intent to cause harmful or offensive contact or apprehension of it, and an offensive contact directly or indirectly results. But a contact is offensive only if it would offend a reasonable sense of personal dignity, judged from the standpoint of an ordinary person and in light of social usages at the time and place. Here, as in the governing rule, the contact is momentary, indirect, and incidental, and it occurs when someone enters unannounced into a private conversation. That is rude and abrupt, but not offensive contact as a matter of law.