- Definition of battery
- Purpose of the law of battery
- The elements of battery
DEFINITION OF BATTERY
In the context of trespass to person, battery refers to the intentional and unlawful application of force to another person. This force can be direct or indirect, and it must be intentional.
PURPOSE OF THE LAW OF BATTERY
The purpose of the law of battery is to protect individuals from unwanted physical contact or harm inflicted by others. This includes both intentional and harmful actions as well as actions that are offensive to a reasonable person. See the cases of Cole v. Turner (1704) where the courts established that even a slight touching without consent constitutes battery. Also the case of Livingstone v. Rawyards Coal Co. (1880) where it was held that battery can occur indirectly, such as by causing a person to come into contact with a harmful substance and Fagan v. Metropolitan Police Commissioner (1968) which demonstrated that battery can occur through the continuing presence of an object, even if the initial contact was accidental.
The purpose of the law of battery is to provide individuals with legal recourse when their physical integrity is violated, ensuring that they have the right to be free from unwanted physical interference or harm.
THE ELEMENTS OF BATTERY
The elements of battery typically includes the following;
1. Intent: This is where the perpetrator must have intended to cause harmful or offensive contact with the victim.
2. Contact: This requires that there must be actual physical contact between the perpetrator and the victim, or the perpetrator must have caused the victim to come into contact with something else.
3. Harmful or Offensive: This also requires that the contact must be either harmful or offensive to a reasonable person. Harmful contact results in physical injury, while offensive contact is contact that a reasonable person would find offensive or insulting.
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