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9084 · 4.3.2

Battery

**Battery** (4.3.2) — distinguish from **assault** (contact vs apprehension). Focus on **direct**, **intentional**, **unlawful** contact; everyday social contact is generally excluded.

Need to know

What you need to know

  • Battery is the direct and intentional application of unlawful force.
  • It is a form of trespass to the person, alongside assault and false imprisonment.
  • The tort is actionable *per se*, meaning no proof of harm is required.
  • The core principle is the protection of bodily integrity from non-consensual contact.

Explanation

Battery

  1. Battery is the direct and intentional application of unlawful force.
  2. It is a form of trespass to the person, alongside assault and false imprisonment.
  3. The tort is actionable *per se*, meaning no proof of harm is required.
  4. The core principle is the protection of bodily integrity from non-consensual contact.
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