Battery

Question 1

What is the definition of Battery?

Answer 1

Lord Goff in Collins v Wilcock: “ the actual infliction of unlawful force.”

Question 2

What is stage one (AR) of Battery & its side rules?

Answer 2

Stage one: Touching, “Any touching, however slight, may amount to a battery.” (Lord Goff in Collins v Wilcock)

Side rule 1: Clothing, touching the V’s clothes while they’re wearing them, is almost like touching V’s skin (Venna)
Side rule 2: Indirect battery is still a battery (like a booby trap) (Martin)

Question 3

What is stage two (AR) of Battery?

Answer 3

Stage two: The touching must be unlawful meaning “hostile or aggressive.” (Wilson V Pringle)

Question 4

What is stage three (MR) of Battery?

Answer 4

Stage three: the intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Venna)