LAW OF TORT

TORTS AFFECTING THE PERSON

BATTERY

DEFINITION AND ELEMENTS REQUIRED TO ESTABLISH LIABILITY; ACTIONABLE PER SE

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

INTRODUCTION TO BATTERY

Definition

• Battery is one of the trespass torts protecting a person’s bodily integrity.

• Battery occurs where the defendant intentionally or recklessly applies unlawful force directly to another person.

• Unlike assault, battery requires actual physical contact.

• The force used may be very slight.

Examination Definition

Battery may be defined as:

The intentional or reckless and direct application of unlawful force to another person without lawful justification.

Purpose Of Battery

The tort protects:

• Bodily integrity.

• Physical autonomy.

• Personal dignity.

• Freedom from unwanted physical contact.

Key Principle

• Every person’s body is inviolable.

• Any unlawful touching may amount to battery.

ACTIONABLE PER SE

Meaning

• Battery is actionable per se.

• The claimant does not need to prove damage.

• The claimant does not need to prove injury.

• The claimant does not need to prove financial loss.

Importance

• The tort is complete as soon as unlawful force is applied.

• Actual injury is unnecessary.

Why Is Battery Actionable Per Se?

• The law protects the right not to be touched unlawfully.

• The violation of that right itself justifies legal action.

Consequences

Claimant may succeed even where:

• No injury occurs.

• No bruising occurs.

• No medical treatment is required.

• No financial loss exists.

Examination Point

• The slightest unlawful touching may be sufficient.

ELEMENTS OF BATTERY

To establish battery the claimant must prove:

Element 1

• Application of force.

Element 2

• Direct interference.

Element 3

• Intention or recklessness.

Element 4

• Absence of lawful justification.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

ELEMENT 1

APPLICATION OF FORCE

General Rule

• Defendant must apply force to the claimant.

Meaning Of Force

• Force includes any physical contact.

• Force does not need to be violent.

• Force does not need to cause injury.

Very Slight Contact Is Sufficient

Examples

• Touching.

• Pushing.

• Spitting.

• Grabbing.

• Punching.

• Kicking.

Key Principle

Even the slightest touching may amount to battery.

LEADING CASE

Cole v Turner

Principle

• The least touching of another person in anger constitutes battery.

Significance

• Classic definition of battery.

Modern Position

• Battery extends beyond hostile touching.

• Hostility is not required.

LEADING CASE

Wilson v Pringle

Facts

• Schoolboy pulled another boy’s bag.

• Injury resulted.

Decision

• Battery possible.

Principle

• Hostility not essential.

Significance

• Modern authority.

FORCE MAY BE INDIRECT

General Rule

• Defendant need not touch claimant personally.

• Causing force to be applied may be sufficient.

Examples

Throwing An Object

• Object strikes claimant.

Pulling Away A Chair

• Claimant falls.

Setting A Trap

• Claimant injured.

LEADING CASE

Scott v Shepherd

Facts

• Defendant threw lit firework.

• Firework struck claimant.

Decision

• Battery established.

Principle

• Force may be applied indirectly.

Significance

• Important authority on indirect application of force.

CONTACT WITH CLOTHING OR OBJECTS

General Rule

• Force need not touch skin directly.

• Contact with items closely connected to the body is sufficient.

Examples

Clothing

• Pulling clothing.

Bag Being Carried

• Striking bag.

Cane Or Object Held

• Knocking object away.

LEADING CASE

Fagan v Metropolitan Police Commissioner

Facts

• Defendant drove car onto police officer’s foot.

Decision

• Battery established.

Principle

• Continuing contact may amount to battery.

Significance

• Important authority.

EVERYDAY CONTACT EXCEPTION

General Rule

• Not all physical contact amounts to battery.

Reason

• Ordinary life involves unavoidable touching.

Examples

• Crowded buses.

• Public transport.

• Queues.

• Sporting activities.

LEADING CASE

Collins v Wilcock

Facts

• Police officer grabbed claimant’s arm.

Decision

• Battery established.

Principle

• Everyday contact impliedly consented to.

• Contact beyond ordinary social interaction may amount to battery.

Significance

• Leading modern authority.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

ELEMENT 2

DIRECT INTERFERENCE

General Rule

• Battery requires direct application of force.

Meaning

• Force must directly result from defendant’s conduct.

Examples

Direct

• Punching.

• Kicking.

• Throwing object.

• Spitting.

Indirect But Still Direct In Law

• Pulling chair away.

• Setting mechanism in motion.

Difference From Negligence

Battery

• Direct interference.

Negligence

• Often indirect harm.

ELEMENT 3

INTENTION OR RECKLESSNESS

General Rule

• Defendant must act intentionally or recklessly.

Intention

Meaning

• Defendant intends physical contact.

Recklessness

Meaning

• Defendant realises risk of contact and proceeds anyway.

LEADING CASE

R v Venna

Principle

• Battery may be committed intentionally or recklessly.

Significance

• Important authority on mental element.

Important Examination Point

Defendant Need Not Intend Injury

• Intention to make contact sufficient.

ELEMENT 4

ABSENCE OF LAWFUL JUSTIFICATION

General Rule

• Contact must be unlawful.

Meaning

• No valid legal excuse exists.

Lawful Contact Includes

Consent

• Sporting activities.

• Medical treatment.

Self-Defence

• Reasonable force.

Lawful Arrest

• Reasonable force.

Necessity

• Emergency situations.

If Lawful Justification Exists

• Battery claim fails.

HOSTILITY

Historical Position

• Some older cases suggested hostility required.

Modern Position

Hostility Not Required

LEADING CASE

Wilson v Pringle

Principle

• Hostility not essential element.

Significance

• Modern law focuses on unlawful touching.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

SPECIAL FORMS OF BATTERY

SPITTING

General Rule

• Spitting constitutes battery.

Reason

• Physical contact occurs.

MEDICAL BATTERY

General Rule

• Medical treatment without valid consent may amount to battery.

LEADING CASE

Chatterton v Gerson

Principle

• Lack of consent may create battery.

Significance

• Important medical law authority.

CONTINUING ACTS

General Rule

• Continuing contact may amount to battery.

Authority

Fagan v Metropolitan Police Commissioner

Principle

• Continuing application of force sufficient.

COMPARISON WITH ASSAULT

DEFENCES

CONSENT

Meaning

• Claimant agrees to contact.

Examples

• Sports.

• Surgery.

• Everyday physical interactions.

SELF-DEFENCE

General Rule

• Reasonable force may be used to protect oneself.

NECESSITY

Meaning

• Force used to prevent greater harm.

LAWFUL AUTHORITY

Examples

• Police powers.

• Statutory powers.

AO2 APPLICATION

Step 1

• Identify physical contact.

Step 2

• Determine whether force was applied.

Step 3

• Determine whether application was direct.

Step 4

• Assess intention or recklessness.

Step 5

• Consider lawful justification.

Step 6

• Reach conclusion.

AO3 EVALUATION

Strengths

Strong Protection

• Protects bodily integrity.

Actionable Per Se

• No injury required.

Flexible

• Covers many forms of interference.

Criticisms

Boundary Problems

• Distinguishing ordinary contact from battery.

Overlap

• Significant overlap with criminal law.

Uncertainty

• Some cases difficult to categorise.

EXAM QUICK REVISION SHEET

Definition

• Intentional or reckless direct application of unlawful force.

Elements

Force

• Cole v Turner

Indirect Force

• Scott v Shepherd

Everyday Contact

• Collins v Wilcock

Continuing Force

• Fagan v Metropolitan Police Commissioner

Intention Or Recklessness

• R v Venna

Hostility Not Required

• Wilson v Pringle

Medical Battery

• Chatterton v Gerson

Examination Formula

Force

Direct Application

Intention Or Recklessness

No Lawful Justification

=

Battery

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.