Battery (Tort)
Battery is an intentional tort requiring harmful or offensive contact with another person without consent, where defendant intended to cause the contact or was substantially certain it would occur.
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Exam Tip
Battery = contact. Assault = apprehension. "B comes before A" but Battery requires touching.
What is Battery (Tort)?
Battery is intentional, unconsented touching in harmful or offensive manner.
Essential Elements
| Element | Description |
|---|---|
| Intent | Intended contact or substantially certain |
| Harmful or Offensive Contact | Causes pain or offends reasonable person |
| Causation | Defendant's act caused contact |
| Lack of Consent | No consent |
Key Points
- Transferred Intent: Intent transfers across persons and intentional torts
- Indirect Contact: Throwing objects, setting traps counts
- Offensive: Spitting, grabbing hat - no physical harm needed
Defenses
- Consent
- Self-defense
- Defense of others
- Privilege