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Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law.
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.
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 ...
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]
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.
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Trespass is an area of tort law broadly divided into three groups: trespass to the person, 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]
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