Battery
Rule
Battery is the intentional infliction of a harmful or offensive contact with another person. It is an intentional tort protecting against direct invasions of bodily integrity.
Elements
- Act by the defendant.
- Intent — defendant had purpose to cause a contact, or knowledge to a substantial certainty that contact would result (Garratt v. Dailey). Intent need not be to cause harm — only intent to make contact.
- Harmful or offensive contact — contact that causes bodily harm, or that a person of reasonable/ordinary sensitivity would find offensive (judged by normal social standards in context, not the subjective sensitivity of the plaintiff).
- Causation — the act caused the contact.
- Damages — nominal damages are sufficient; actual harm not required.
Key Points
- Contact with an object the plaintiff is holding or closely connected to (e.g., a camera) counts as contact with the person (Picard v. Barry Pontiac-Buick).
- “Offensive” contact is judged by normal social standards, context-dependent (crowded subway vs. quiet street).
- Transferred intent: intent to commit battery, assault, false imprisonment, trespass to land, or trespass to chattel can transfer across these five torts and across victims.
- No requirement of malice or bad faith to support a claim; punitive damages may still be available without proving malice separately.
Defenses
- Consent (express or implied — e.g., sports participation, medical treatment).
- Self-defense (reasonable belief of imminent harm, proportionate force).
- Defense of others (same elements, but actor may be liable if mistaken).
- Necessity (private or public).
Policy
- Protects dignitary interest in bodily integrity.
- Deters unwanted physical contact.
- Liberty argument: parties should be free to dispose of their personality interests as they please (consent negates battery).
Key Cases
- Garratt v. Dailey — child moves chair; knowledge to substantial certainty satisfies intent element.
- Picard v. Barry Pontiac-Buick — contact with object held by plaintiff qualifies as battery.
- O’Brien v. Cunard — implied consent where plaintiff stands in vaccination line; reasonable person test applied.