battery

Battery is an intentional tort*. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by participating in a particular event or situation (e.g., playing sports with the defendant), they are not liable.

• Intentional contact can be harmful or offensive. A person must be aware that that contact is substantially likely to occur. Further, the intentional contact must result in contact of a harmful or offensive nature.

It is determined that a harmful or offensive contact of battery is committed when a defendant makes contact with the plaintiff that causes physical impairment or injury, or makes a reasonable person of ordinary sensibilities feel threatened. Furthermore, the contact may extend to anything connected to the plaintiff's person.

If the defendant knows that the plaintiff is hypersensitive, but a reasonable person would not feel threatened by such contact, it cannot be used as a defense. The plaintiff does not need to prove actual harm to be able to claim nominal damages in a battery case. If the defendant acted with malice, the plaintiff may claim punitive damages.

In cases of unforeseen consequences, such as when a defendant punches a plaintiff who happens to have hemophilia and bleeds to death, the defendant is liable for all damages relating to the wrongful death under the "eggshell rule."

To defend battery, the defendant can prove that they obtained the plaintiff’s consent or that they acted for the defense of others or in self-defense, even if the defense is only reasonable belief and not fact. Aggravated battery is battery that involves an aggravating circumstance and liability and sentencing for this offense are typically harsher than those for regular battery.

Criminal law may merge assault and battery into one crime known as “assault” while nominal damages can be claimed by the plaintiff even if they don’t suffer actual damages.

The “eggshell rule” states that a defendant is still liable for unforeseen consequences, such as the death of a person due to having hemophilia, and punitive damages may be awarded if malice is present.

Assault

The contemporary legal vernacular of assault and battery amalgamates the offenses of causing susceptible harm with actual physical harm. Assault traditionally connotes the apprehensive perception of threatening harm, which must be perceived as threatening to a reasonable person. Battery is then the veritable infliction of harm onto someone. These definitions may differ slightly depending on the type of charge, whether criminal or tort. However, in many state statutes, the concept of assault merges both aspects of the charges. For further elucidation, please refer to assaults and battery with our OPUS Legal Reasoning Material in our offline classes.

Tone this down a bit? 😀