Battery (tort)

Battery (tort)

At common law, battery is the tort of intentionally (or, in Australia, negligently) and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (e.g. a hat, a purse). Unlike assault, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), or the contact may be by an object brought about by the tortfeasor. For example, the intentional contact by a car is a battery.

Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is severely beating someone with a tire iron. Neither is there a separate tort for a battery of a sexual nature. However, a jury hearing a battery case is free to assess higher damages for a battery in which the contact was particularly offensive or harmful.

Read more about Battery (tort):  Contact Required, Awareness Not Required, Degree of Intent, Defenses

Other articles related to "battery":

Battery (tort) - Defenses
... consent, self defense, and defense of others, apply to battery ... to participation in a contact sport cannot claim in batteryagainst other participants for a contact permitted by the rules of that sport, or expected ... player who commits a hard foul against an opposing player does not thereby commit a battery because fouls are a regular part of the course of the game, even though they result in a penalty ...