Intentional torts - Battery

Learning Outcomes

After reading this article, you will be able to identify and explain the elements of battery as an intentional tort, distinguish battery from related torts, apply the rules of intent and causation, and evaluate common defenses. You will be prepared to answer MBE-style questions on battery, including recognizing fact patterns and avoiding common exam pitfalls.

MBE Syllabus

For MBE, you are required to understand the black-letter rules and application of intentional torts, especially battery. This article focuses your revision on:

• The definition and elements of battery.
• The requirement and types of intent for battery.
• What constitutes harmful or offensive contact.
• The causation requirement for battery.
• The doctrine of transferred intent.
• Common defenses to battery, including consent and self-defense.
• How battery is distinguished from assault and negligence.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is NOT required to establish battery?
   1. Intent to cause harmful or offensive contact
   2. Actual physical harm to the plaintiff
   3. Causation
   4. Harmful or offensive contact with the plaintiff's person
2. If Defendant intends to hit Person A but accidentally hits Person B, Defendant is:
   1. Not liable to Person B because there was no intent to hit B
   2. Liable to Person B under transferred intent
   3. Liable only if B was aware of the contact
   4. Not liable if B suffered no injury
3. Which of the following is a valid defense to battery?
   1. The plaintiff was not aware of the contact
   2. The defendant acted with malice
   3. The plaintiff expressly consented to the contact
   4. The defendant did not touch the plaintiff directly

Introduction

Battery is a core intentional tort tested on the MBE. It involves the defendant intentionally causing harmful or offensive contact with the plaintiff's person. Battery is distinct from assault, which focuses on apprehension rather than contact. Understanding the precise elements and how intent operates is essential for MBE success.

Elements of Battery

To establish battery, the plaintiff must prove:

1. An act by the defendant that brings about harmful or offensive contact with the plaintiff's person;
2. Intent by the defendant to cause such contact or the apprehension of such contact;
3. Causation.

Key Term: Battery
The intentional infliction of harmful or offensive contact with the person of another, without consent or privilege.

Harmful or Offensive Contact

Contact is "harmful" if it causes pain, injury, or physical impairment. Contact is "offensive" if it would offend a reasonable person's sense of dignity. The plaintiff need not be aware of the contact at the time it occurs (e.g., a patient under anesthesia).

Key Term: Harmful or Offensive Contact
Physical touching that either causes bodily harm or would offend a reasonable person's sense of dignity.

Intent Requirement

Intent for battery can be either:

• Specific intent: The defendant desires to bring about the harmful or offensive contact.
• General intent: The defendant knows with substantial certainty that such contact will result from their actions.

The defendant need not intend the harm, only the contact.

Key Term: Intent (Battery)
The purpose to cause harmful or offensive contact, or knowledge with substantial certainty that such contact will occur.

Transferred Intent

If the defendant intends to commit a battery (or certain other intentional torts) against one person but instead causes it to another, the intent transfers and the defendant is liable.

Key Term: Transferred Intent
The doctrine that intent to commit a tort against one person applies if another person is affected instead.

Causation

The defendant's act must be a substantial factor in bringing about the contact. Direct and indirect contact both qualify (e.g., setting a trap that causes contact).

Key Term: Causation (Battery)
The requirement that the defendant's act is a substantial factor in bringing about the harmful or offensive contact.

Defenses to Battery

Common defenses include:

• Consent (express or implied)
• Self-defense (reasonable force)
• Defense of others (reasonable force)
• Defense of property (reasonable, non-deadly force)

If a valid defense applies, the defendant is not liable for battery.

Worked Example 1.1

A throws a rock at B, intending to scare B, but the rock hits B on the arm, causing a bruise. Is A liable for battery?

Answer: Yes. A intended to cause contact (even if only to scare), and harmful contact occurred. The bruise is harmful contact, and A's intent to cause contact is sufficient for battery.

Worked Example 1.2

C pushes D as a joke, but D is not injured and did not see the push coming. D later learns of the push. Can D recover for battery?

Answer: Yes. The push was offensive contact, even if not harmful. D's lack of awareness at the time does not prevent recovery. Intent to cause the contact is sufficient.

Worked Example 1.3

E intends to hit F but misses and hits G instead. Is E liable to G for battery?

Answer: Yes. Under transferred intent, E's intent to hit F transfers to G. E is liable to G for battery.

Exam Warning

On the MBE, battery does not require actual physical injury—offensive contact alone is enough. Do not confuse battery with negligence, which requires breach of a duty of care.

Revision Tip

Remember: For battery, intent to contact is enough. The defendant need not intend harm, nor must the plaintiff be aware of the contact at the time.

Key Point Checklist

This article has covered the following key knowledge points:

• Battery requires an intentional act causing harmful or offensive contact with the plaintiff's person.
• Intent can be specific or general; transferred intent applies.
• The contact must be harmful or offensive, but actual injury is not required.
• The plaintiff need not be aware of the contact when it occurs.
• Causation is required; both direct and indirect contact qualify.
• Defenses include consent, self-defense, and defense of others or property.
• Battery is distinct from assault (which focuses on apprehension, not contact).

Key Terms and Concepts

• Battery
• Harmful or Offensive Contact
• Intent (Battery)
• Transferred Intent
• Causation (Battery)