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Jeff Vail vail-law.com

Battery

Battery is the twin tort with common law assault. Battery is the tortious and intentional physical harm caused by contact to a person’s body, whereas assault is the tort when one intentionally places someone in immediate fear of such harm.


The elements for the tort of battery are:


(1) Defendant’s act resulted in physical contact with the plaintiff; and

(2) The defendant intended to make harmful or offensive physical contact with the plaintiff (or knew that he/she would probably make such contact).


CJI-Civ. 20:5.


There are, of course, many affirmative defenses to the tort of battery, including consent, self-defense, defense of another person, defense of property, and recapture of personal property.


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