What Is Battery in Torts?

Battery in tort law is the intentional and unlawful application of force to another person, resulting in harmful or offensive contact. It requires the intent to cause such contact and does not necessitate physical injury.

Battery is defined as the intentional tort involving the unlawful application of force to another person. Under the Restatement of Torts, any harmful or offensive contact with another person’s body, done intentionally, qualifies as battery. This means that even if the contact does not cause any physical harm, if it is considered offensive by a reasonable person, it can still constitute battery.

The requisite intent for battery can be satisfied if the defendant acted with the purpose to cause contact, or with substantial certainty that their actions would result in contact. Importantly, the victim’s consent, especially in contexts like sports or medical emergencies, can negate liability for battery. For instance, a player who willingly participates in a football game consents to some physical contact that may occur during the game.

The concept of battery encompasses not just direct contact, like hitting someone, but also indirect contact. This includes situations where a defendant causes an object to hit another person, as seen in cases involving thrown objects or physical invasions of personal space, whereby the offender's actions lead to contact with the victim without direct physical touch.

Key defenses to a battery claim include consent, self-defense, and defense of others, where the defendant can demonstrate that their actions were justified under the circumstances. Ultimately, each case of battery requires a careful analysis of intent, the nature of the contact, and any applicable defenses, leading to varied outcomes depending on the specific facts at issue.

• 1Cole v. Turner (1704) - established the principle of direct battery when intentional contact occurs.
• 2Garratt v. Dailey (1955) - defined intent in battery as acting with the knowledge that contact is substantially certain to occur.
• 3Fisher v. Carrousel Motor Hotel, Inc. (1970) - extended battery to include offensive contact without physical harm.
• 4Battey v. Whitney (1847) - addressed the implications of harmful contact and consent in determining battery.

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