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Encyclopedia > Battery (tort)
Tort law
Part of the common law series
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Negligent emotional distress
Rescue doctrine  · Duty to rescue
Statutory Torts
Product liability  · Ultrahazardous activity
Trespassers  · Licensees  · Invitees
Attractive nuisance
Public nuisance  · Rylands v. Fletcher
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Intentional torts
Assault  · Battery  · False imprisonment
Intentional emotional distress
Consent  · Necessity  · Self defense
Dignitary torts
Slander and libel  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Liability, Defenses, Remedies
Vicarious liability
Volenti non fit injuria  · Contribution
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i.e. a hat, a purse, etc.). It is a form of trespass to the person. As distinguished from assault, battery requires an actual contact. The contact need not be with the tortfeasor but the tortfeasor may bring about the contact with something else. For example, A runs over B with his car. This is a battery. Battery is actionable per se, meaning that a claim for the tort may succeed without proof of damage. Image File history File links This is a lossless scalable vector image. ... Not to be confused with torte, an iced cake. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public, or one whos invited to the land for the purpose of business dealings with the possessor of the land. ... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Nuisance is a common law tort. ... Nuisance is a common law tort. ... Rylands v. ... “Unlawful entry” redirects here. ... In law, conversion is an intentional tort to personal property (same as chattel), where defendants unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... “Libel” redirects here. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Economic Torts are torts for which employers can sue trade union officials or members who are taking part in industrial action. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... At present, the law will not enforce certain types of contracts on the ground of illegality. ... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the right, ability or duty to... Volenti non fit injuria is a Latin expression meaning to a willing person, no injury is done. The principle is that someone who knowingly and willingly puts himself in a dangerous situation will be legally disentitled to sue for his or her resulting injuries. ... Contributory negligence is a common law defence to a claim based on negligence, an action in tort. ... If you commit a crime, you cannot sue for damages that you experience while committing the crime ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Look up Injunction in Wiktionary, the free dictionary. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Not to be confused with torte, an iced cake. ... “Unlawful entry” redirects here. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ...

Intent: All jurisdictions define intent to mean purpose to bring about a consequence or having substantial certainty that a consequence will occur. This is an objective standard.

In the United States, the common law defines the contact for battery as "harmful or offensive". The offensive prong is determined by the reasonable person standard. Looking at a contact objectively, as a reasonable person would see it, would this contact be offensive? Thus, a hypersenstive person would fail on a battery action if jostled by fellow passengers on a subway, as this contact is expected in normal society and a reasonable person would not find it offensive. Harmful is defined by any physical damage to the body.

Battery need not require body-to-body contact. Any volitional movement, such as throwing an object toward another, can constitute battery. Touching an object "intimately connected" to a person (such as an object he or she is holding) can also be battery. Intent can be transferred with battery, i.e. a person swings to hit one person and misses and hits another. He or she is still liable for a battery.

The standard defenses to trespass to the person, namely necessity and consent, apply to battery. As practical examples, under the first, a physician may touch a person without that person's consent in order to render medical aid to him or her in an emergency. Under the second, a person who has, either expressly or impliedly, consented to participation in a contact sport cannot claim in battery against other participants for a contact permitted by the rules of that sport. This article is about the law definition of necessity. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...

See also

  Results from FactBites:
Battery (tort) - definition of Battery (tort) in Encyclopedia (207 words)
At common law, battery is the tort of intentionally causing harmful or offensive contact with another person.
This exludes contact generally occurring in during the ordinary conduct of life such the bumps and nudges experienced on the street or in crowds.
A claim of battery can be justified in situations of self-defence or defence of a third party where the force was deemed reasonable.
Legal Definition of Tort (385 words)
A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages.
Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force.
Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.
  More results at FactBites »



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