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AMI418Issues—Claim for Damages Based Upon Battery—Burden of Proof

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 418
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 4. Intentional Torts and Defamation
AMI 418 Issues—Claim for Damages Based Upon Battery—Burden of Proof
(Plaintiff) claims that (defendant) committed battery and has the burden of proving each of two essential propositions:
First, that (defendant) acted with intent to cause some harmful or offensive contact with a person, or acted with the intent to create the apprehension of some harmful or offensive contact with a person; and
Second, that a harmful or offensive contact with (plaintiff) resulted.
[If you find from the evidence in this case that both of these propositions have been proved, then your verdict should be for (plaintiff); but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for (defendant).]
NOTE ON USE
Do not use the bracketed sentence if the case is submitted on interrogatories.
COMMENT
This instruction is based on the Restatement (Second) of Torts § 13 (1965).
As to nominal damages, see Comment to AMI 419.
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