When a person intentionally causes harmful or offensive bodily contact with another. An accidental touching or social touching is not a battery. The intent required for a battery is the contact, not the intended or unintended harm that resulted.
- Example : Nicole threw a bottle at Ewan’s head, intending to hit him. The bottle struck Ewan’s face, causing permanent blindness. Nicole committed a battery against Ewan.
- Example : Joy knew that she had a sexually transmittable disease, but engaged in consensual sex with Ben. Ben would have a battery claim against Joy because his consent was due to a mistake of a material aspect of the contact making it harmful and Joy was aware of Ben’s mistake.