Battery Definition:

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

Related Terms: Physical Force, Battering Cycle, Assault

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

image of a battery or fightBattery is a crime as well as an actionable tort. Also known as an intentional tort in the case of battery

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.

Categories & Topics:

Find you are constantly looking up definitions? Try our search provider (works in most modern browsers)

If you find an error or omission in Duhaime's Legal Dictionary, or if you have legal term suggestion, we'd love to hear from you!