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  • Jeff Vail vail-law.com

Battery

This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn.

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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