Battery Flashcards
Memorise key concepts and cases relating to battery
What are the elements of the tort of battery?
- A direct interference
- A positive and voluntary act
- Intentional contact with the plaintiff’s person
- Without lawful justification
Battery is actionable per se
What case established that the ‘least touching in anger’ is sufficient for battery?
Cole v Turner (1704)
Is harm required for battery? Why or why not?
No. Battery protects bodily integrity, not physical injury. Battiato v Lagana – unwanted contact is enough, even without harm.
Can battery be committed without hostility or awareness?
Yes. Murray v McMurchy – Awareness not required.
What kind of act is required for battery?
A positive, voluntary act. Innes v Wylie – Passive obstruction is not enough.
Can indirect contact be battery? (e.g. with an object)
Yes. Croucher v Cachia – Contact via object (e.g. cutting rope) can be battery.
What are examples of lawful justifications for battery?
- Consent (express or implied) – Marion’s Case
- Necessity / social norms – In re F
- Lawful authority – e.g. under the Police Powers and Responsibilities Act (Qld)
What does ‘actionable per se’ mean in the context of battery?
It means no damage needs to be proven — the act of contact alone is enough.
What did Cole v Turner establish about contact?
Even the least touching of another in anger is battery.
Is harm necessary to prove battery?
Battiato v Lagana – “No requirement to prove harm.” (Tutorial Notes Week 2 – Hugo v Effie) No. Contact alone is sufficient.
What case shows battery can occur through an object?
Croucher v Cachia – use of shears = contact via object = battery.
What case shows passive obstruction is not battery?
Innes v Wylie – policeman stood still in doorway = not a positive act.
What is the role of consent in battery?
Marion’s Case (1992) – treated consent as a defence. (LG 01 Torts I 2025) Consent is a defence, not part of the tort.
What case shows necessity may justify battery?
In re F (Mental Patient: Sterilisation) – battery excused due to medical necessity.
(LG 01 Torts I 2025)
What case established what a direct act is?
Carter v Walker - “If defendant threw log onto public highway and hit someone immediately, that would be trespass / direct act”
What case established physical contact is generally acceptable in ordinary conduct of everyday life exception?
In re F, based on social norms
