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Battery

Offensive and intentional contact, direct or indirect, which causes injury.

Offensive and intentional contact, or physical force, applied directly or indirectly.

Intentional, unwanted physical contact with a person or a person's clothing.

image of a batteryBattery is a crime as well as an actionable tort.

Although legal theorists argue that injury is not a requirement to make out a tort or personal injury case for battery, de minimis non curat lex would likely extinguish most such claims.

A battery is generally preceded by the distinct crime or tort of assault and is often defeated by a defence of consent, known as volenti non fit injuria. For example, an adult who freely agrees to a street fight cannot later complain of assault or battery as a result of a shiner.

 

 


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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