Battery

Battery

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.
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