Torts: Intentional Torts: Battery

Battery – Harmful or offensive contact with Π’s person

    • D must engage in harmful or offensive contact
      • Offensive: a contact is offensive if it is un-permitted by a person of ordinary sensitivity. (extreme sensitivity is not taken into account)
        • EX: tapping on the shoulder to request the time will not be considered an offensive touching
        • EX: Jennifer sitting in library, Vinny, football team captain. comes in, sits near Jennifer. As he says, “I really, really like you.” And he strokes he hair. This is an offensive touching. This is a form of sexual harassment.
    • Contact must be with Π’s person
      • P’s person: includes anything connected to Π. Anything Π may be touching, holding, carrying.
        • EX: purse snatching: battery and tort against personal property
        • EX: dog snatching: battery.
        • EX: woman on horseback, gets lost, sees pedestrian, pedestrian slaps the horse on the ass. This was a battery against the woman.
    • D’s body doesn’t have to at all be involved, and the conduct doesn’t have to happen immediately.
      • EX: you and I work together and I hate you and I decide to poison your lunch. I sneak into the refrigerator and poison your food at 9am. At 12pm, you eat the sandwhich, and you become violently ill. This is a battery.