Torts · claim
Battery is the intentional infliction of harmful or offensive contact with another person without their consent. It requires proof that the defendant acted with intent to cause such contact, and that the contact occurred.
The defendant must have intended to cause the harmful or offensive contact or have acted with substantial certainty that such contact would occur.
What to prove: The plaintiff must show that the defendant's actions were deliberate or that the defendant knew with substantial certainty that contact would occur.
There must be actual physical contact with the plaintiff's person or something closely associated with them.
What to prove: The plaintiff must demonstrate that the defendant's conduct resulted in contact with their body or an object closely associated with them (e.g., clothing, items held).
The contact must be harmful or offensive to a reasonable person.
What to prove: The plaintiff must establish that the contact caused physical harm or was offensive by societal standards.
The plaintiff bears the burden of proof and must establish the claim by a preponderance of the evidence.
Battery tort questions may involve scenarios requiring analysis of intent, contact, and harm, so be prepared to identify and apply each element.