Torts

Vosburg v. Putney — Study Notes

80 Wis. 523, 50 N.W. 403 (Wis. 1891)

Study notes for Vosburg v. Putney: professor notes, cold call prep, exam angles, and memory aids.

Battery can be established through intentional contact, regardless of the intent to cause harm.
Professor Notes

Vosburg v. Putney is a foundational case in understanding the tort of battery, particularly emphasizing the distinction between intent and harm. Professors often highlight that battery does not require the intent to cause harm, but rather the intent to make contact. The court found that even a playful kick, intended without malice, can result in legal liability if it results in injury. This case underscores the policy concern in tort law that societal interests in personal safety override the subjective intent of the actor.

Cold Call Prep
  1. 1The court ruled that Putney was liable for battery despite his lack of intent to harm because he intentionally caused contact.
  2. 2Yes, Putney's actions constitute battery as intention to make contact, regardless of harmful intent, is sufficient for liability.
  3. 3The relevant standard for battery centers on intentional unwanted contact leading to injury, establishing a legal precedent for similar tort cases.
  4. 4The significance of Vosburg v. Putney is its clarification that lawful intent is not a prerequisite for battery; the act of contact alone suffices.
  5. 5An important takeaway is the focus on the victim's experience, as liability hinges not only on the defendant's intent but on the consequence of their actions.
Mnemonic Device

Kick with intent = Liability, regardless of foreseeability.

Distinguish From
CaseDistinction
Cole v. TurnerIn Cole v. Turner, the court emphasized the need for a battery to involve an intent to offend or harm, whereas Vosburg establishes liability purely based on the action of contact.
Garrett v. DaileyGarrett v. Dailey involved an analysis of intent to bring about contact with knowledge of resulting harm, while in Vosburg, the contact was deemed unlawful simply due to the action of kicking.
Policy Arguments

For the Rule

Holding defendants liable for unintentional harm from intentional contact promotes greater accountability, reinforcing societal norms against unwanted physical interaction.

Against the Rule

Critics may argue that imposing liability without harmful intent could lead to an excessive burden on individuals for common playful behavior, deterring innocuous interactions.

Class Discussion Points
  • How does Vosburg v. Putney affect the understanding of consent in minor's interactions?
  • What implications does this case have for future tort cases regarding intent and contact?
  • Could the outcome have been different if the injury was not severe, and what would that mean for liability standards?
  • Discuss the balance between social play among children and the legal ramifications of that play.
  • Should the law differentiate between harmful and non-harmful contact, and to what degree?
Exam Angle

This case typically features on exams to illustrate the concepts of intent in torts, and how liability can arise from unintentional consequences of intentional acts. Students should be prepared to analyze the balance between a defendant's intent and the resulting harm.

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