Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 9

Robert B. represented to Kathleen K. that he was free from venereal disease when he knew or should have known he had herpes. Relying on this representation, Kathleen K. had sexual intercourse with him and contracted the disease. She sued him, in part basing her case on battery. Her suit was dismissed because the trial court found that there was not a cause of action for this type of private sexual conduct. On appeal, can Kathleen K. show the elements of battery?