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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.
[8] [32] Both assault (fear of violence) and battery (infliction of violence) are included, [33] although it is possible to consider section 47 as creating two offences – one involving an assault, and one a battery. [32] "Occasioning" is generally taken to mean "causing" although John Gardner has argued that it is wider than that. [33]
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.
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 ...
Battery is a criminal offense that involves the use of physical force against another person without their consent. [ 12 ] [ 13 ] [ 14 ] It is a type of assault and is considered a serious crime. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death.
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Under English decision, Letang v Cooper, [14] intent is required to sustain a trespass to the person cause of action; in the absence of intent, negligence is the appropriate tort. In other jurisdictions, gross negligence is sufficient to sustain a trespass to the person, such as when a defendant negligently operates an automobile and strikes ...
Watch firsthand, in 360 video, as Susan Sarandon listens and learns about refugees' hopes, dreams and journeys