Multistate Bar Examination Practice Question

Battery requires harmful or offensive contact with another person without consent. Here, the jogger physically brushed against the woman’s shoulder, which could qualify as offensive contact to a reasonable person standard. Although no intent to harm was explicitly mentioned, intent can involve circumstances showing the act was substantially certain to result in contact. Assault would require the apprehension of imminent harmful or offensive contact, which did not occur here because the contact had already taken place. Negligence would not apply because the jogger's conduct was intentional, not careless. Infliction of emotional distress requires extreme and outrageous conduct, which is lacking here.