Battery

Question 1

Battery: Basic Black Letter Law

Answer 1

1.) Intentionally causing (desire or substantial certainty)
2.) Harmful or offensive contact
3.) with the person of another

Question 2

What is harmful contact?

Answer 2

Discernable pain or injury

physically painful contact, including injury (broken nose)

Question 3

What is offensive contact?

Answer 3

The test is objective= reasonable certainty

“unwanted” touching that violates a reasonable sense of personal dignity.

Offensive touching means any touching, even one that does not cause physical injury, that would be offensive to a reasonable person’s sense of personal dignity (being spit upon)

Proof of actual painful injury is not required to make out for a battery claim.

Even if reasonable, and others would not find this unwanted touching offensive, it might still be actionable if the defendant knowingly engages in it. (he knew I had a fear of being touched)

Question 4

What does “person” include in battery?

Answer 4

Includes clothing or other things “intimately connected” to the person (glasses, medical device)

The offensive contact need not even physically touch the body so long as it touches clothing or property in contact with the individual. In Fisher v. Carrousel Motor Hotel.