Duhaime's Law Dictionary


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.

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