Simone Lawson
Battery is an intentional tort that involves the unlawful and offensive contact of a person without their consent. The tort of battery is distinct from criminal battery, which requires the intent to cause harm. The tort of battery, on the other hand, requires only the intent to make contact, and this contact can be direct or indirect. This paragraph will explore the topic of battery in the context of BUSA 2106, including the elements required to establish battery as a tort and the defences available.
| Characteristics | Values |
|---|---|
| Type | Intentional tort |
| Definition | Any type of physical contact with a person that is not consensual |
| Elements | Act, intent, offensive contact |
| Intent | To cause harmful or offensive contact |
| Contact | Physical impairment, injury, or offensive contact that makes a reasonable person feel threatened |
| Consent | Not required |
| Criminal battery | Requires intent to do wrong |
| Civil battery | Requires intent to perform the act |
| Defenses | Necessity, consent, self-defense, defense of others |
| Damages | Monetary compensation |
| Examples | Striking someone, setting a trap, unwanted sexual contact, medical malpractice |
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What You'll Learn
Intentional torts vs negligent torts
A tort is a civil wrong that causes harm, such as physical or emotional harm, to another person. Torts can be intentional or negligent.
Intentional Torts
Intentional torts occur when a person intentionally acts in a certain way that leads to another person’s injury. The requisite intent for a tortious battery to occur is merely to touch or make contact without consent. It need not be an intention to do wrong, and the wrongdoer need not intend to cause the particular harm that occurs. Non-consensual touching is all that is required to assert a viable personal injury lawsuit. For example, a medical malpractice claim can also have a tortious battery claim if a doctor performed an unauthorized surgery.
Other examples of intentional torts include:
- Assault: An attempted battery or threatening injury without the occurrence of battery.
- Conversion: When someone takes your property and "converts" it to their own.
- Trespass: Using the property without the permission of the owner.
- False imprisonment: The unlawful restraint of a person against their will by someone without legal authority or justification.
Negligent Torts
Negligent torts occur when a person doesn't act carefully enough, and their actions result in someone else’s injury. Negligence is conduct that falls below a reasonable standard of care for the safety of those around you. A key difference between an intentional tort and negligence is the actor’s state of mind. A person who is negligent did not intend to cause harm, but they are still held legally responsible because their careless actions injured someone.
Some examples of negligent torts include:
- Medical negligence: Doctors that fail to take reasonable precautions to prevent harm to their patients.
- Wrongful death cases: Negligence that leads to the death of a victim.
- Most auto accidents: Usually, another driver doesn’t hit you on purpose but makes a driving error that leads to an accident.
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Consent
Express consent and implied consent are two forms of consent recognised in battery cases. Express consent occurs when an individual explicitly agrees to a particular act or contact. For example, a patient consents to surgery by signing a consent form. Implied consent, on the other hand, is inferred from an individual's participation in a particular event or situation. For instance, by playing a contact sport, an individual implicitly consents to certain physical contacts inherent in that sport.
The absence of consent is a key element in establishing battery. Non-consensual touching, regardless of the intention to cause harm, is sufficient to constitute battery. This includes unwanted sexual contact, unauthorised medical procedures, or any other form of offensive or harmful contact without consent.
It is important to note that consent does not always provide a complete defence. For example, in medical contexts, consenting to treatment by a doctor does not extend consent to other individuals who the patient would not reasonably anticipate being involved in the procedure. Additionally, consent obtained through coercion or deception may not be considered valid.
In certain situations, consent may be presumed due to the exigencies of everyday life. For instance, brief and incidental physical contact in crowded spaces, such as brushing against someone in a crowded elevator, is generally considered consented to as it is unavoidable in daily life. However, this presumed consent does not extend to prohibited acts that cause harm.
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Criminal battery vs civil battery
Battery is an intentional tort, which means that it is a civil wrong that causes harm. The tort of battery involves the intentional touching of another person in a harmful or offensive way without their consent.
Civil battery is a tortious act that requires either the purpose to commit a harmful or offensive contact, with the knowledge that such contact is likely to occur. The requisite intent for a tortious battery to occur is simply to touch or make contact without consent. It need not be an intention to do wrong, and the wrongdoer need not intend to cause the particular harm that occurs. Non-consensual touching is all that is required to assert a viable personal injury lawsuit. For example, a medical malpractice claim can also have a tortious battery claim if a doctor performed an unauthorized surgery.
Criminal battery, on the other hand, requires the intent to commit battery, or the mens rea to cause harmful or offensive contact. Criminal battery is usually prosecuted as a misdemeanour, but repeated offences or the nature of the offence may warrant more severe treatment. For instance, in some states, a second or third offence against the same person is a felony.
It is important to note that a verdict of not guilty in a criminal battery case does not prevent a victim from filing a civil suit over the same act. Civil lawsuits are about monetary compensation, not criminal punishment, so double jeopardy rules do not apply.
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Defamation
The determination of whether a statement is defamatory is made on a case-by-case basis. Defamation claims must meet four elements, and truth is a widely accepted complete defence to all defamation claims. Additionally, absolute privilege protects legislators and politicians from defamation claims during legislative proceedings. Similarly, statements made during judicial proceedings are privileged and cannot be targeted for defamation.
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Invasion of privacy
In the context of tort law, battery refers to the intentional infliction of harmful or offensive contact with another person without their consent. It is classified as an intentional tort, meaning that the act is committed with the knowledge that harm or offence is substantially likely to occur. Consent is a key factor in determining liability, as individuals who consent—either expressly or impliedly—are not considered victims of battery.
Now, turning to the topic of invasion of privacy, this refers to a legal claim that an individual's right to privacy has been violated. This right to privacy encompasses personal space and private life, with the law offering protection against infringement on these interests. Invasion of privacy can occur in several ways, including:
- Intrusion upon seclusion: This involves the intentional intrusion into another person's private affairs, such as through the use of hidden cameras or the recording of private conversations without consent.
- Public disclosure of private facts: This occurs when private information about an individual is publicly revealed, which would be considered offensive to a reasonable person.
- False light: This is when someone publicly presents another person in a false or negative light, in a manner that would be offensive to a reasonable person, even if the information presented is technically true.
- Appropriation of name or likeness: This refers to the unauthorised use of an individual's name or likeness for commercial gain.
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Frequently asked questions
The tort of battery is any type of physical contact with a person that is not consensual. It refers to intentionally touching another in an offensive way. The consequences of battery can be both civil and criminal.
A criminal battery requires the presence of mens rea or criminal intent to do wrong, like causing harmful or offensive contact. A tort of battery does not require specific intent or awareness but can hold a person liable if offensive contact is made.
Striking someone in the face with a fist, setting a trap that harms a person, unwanted sexual contact, and driving a car into someone are all examples of battery.
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