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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.
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), is a court case decided by the Iowa Supreme Court, in which homeowners Edward and Bertha Briney were held liable for battery for injuries caused to trespasser Marvin Katko, who set off a spring gun set as a mantrap in an uninhabited house on their property. [1]
For example: Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Criminal battery requires intent to inflict an injury on another. Sexual battery may be defined as non-consensual touching of the intimate parts of another. At least in Florida, "Sexual battery means oral, anal, or ...
[8] [21] It is subject to the same "everyday life" exception common to assault. [21] [22] Cases have included kissing, [c 5] spitting [c 6] and cutting someone's hair without their consent. [c 7] [23] This also includes contact with the victim's clothing, [24] a rule dating back to 1845 in R v Day. It is not necessary that the victim feels the ...
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 results in the completion of any of the five tortious acts will be considered an intentional act, even if the ...
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [1]
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land.. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; [1] battery, "the intentional and direct application of force to another person"; [2] and false ...
Relying on the definition of battery from the Restatement of Torts, the Court held that battery could only be found if it is shown that the boy knew with "substantial certainty" that after the chair was moved Garratt would attempt to sit in the chair's original position. That is, the accused must be substantially certain that his action would ...