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Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by ...
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
The term "force" rather than "violence" is used by the Crown Prosecution Service (CPS). [8] As a definition, this has proven stable, but its interpretation has varied. [7] The force must be unlawful – outside the realm of defensive or preventative force, for example. Consent of the victim may be enough to prevent the commission of a crime.
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
Battery (tort) – Bringing about an unconsentful harmful or offensive contact with a person or to something closely associated with that person (such as an item of clothing). It differs from assault in that it requires actual contact. False imprisonment – A person is intentionally confined without legal authority.
The elements of battery common law varies by jurisdiction. In the United States, the American Law Institute's Restatement of Torts provides a general rule to determine liability for battery: [25] An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if:
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Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. [8]