LAWS 204 - Battery

Front

What is a battery?

Back

A battery is an offensive contact, with the plaintiffs person, with intent.

Front

Explain the first element of the definition of battery using case law.

Back

In the case of Pringle, the court held that, 'a contact that causes offense', does not encompass societally accepted behaviour, but instead encompasses societally unaccepted behaviour.

Front

How does the court determine wether the "contact with the plaintiffs person" is socially acceptable or is socially unacceptable?

Back

In order to determine the offensiveness of a "contact with the plaintiffs person", the court places a reasonable man in the plaintiff's shoes, and asks "Is this contact offesive to a person of ordinary sensibility?". If yes, then the first element of battery is proved.

Front

What is the first exception to this objective approach? Why?

Back

In the case of Pringle, the court held that, the objective approach will apply, unless it can be proven (on the plaintiff's part) that even though the defendant's behaviour may have been objectivley appropriate, because the defendant was aware of the fact that his physical contact, was not appropriate given the circumstances, the first element of the tort of battery, may be able to be met.

Front

What is the second exception to this objective approach? Why?

Back

In the case of Pringle the court held that the objective approach will apply, unless it can be proven (on the defendant's part) that even though their contact with the plaintiff's person was objectivley inapproproate, given the circumstances, it may have been acceptable. If this can be proven on the defendant's part, then they may be free from liability for battery!

Front

What is another thing that the first element of the tort of battery encompasses, and why is this?

Back

In the case of Hayward, the court held that even if the physical contact is a mere trifle, if it causes the plaintiffs reasonably assumption of honor/dignity to suffer as a result, then that will meet the first element of the tort of battery. 

Front

What does the second element of the tort of battery mean?

Back

"With the plaintiffs person", means that the battery can be in the form of both direct contact with the plaintiffs person, and indirect contact with the plaintiffs person.

Front

Explain the third element of battery using case law.

Back

In the case of Humpherey, the court held that intent, means intent to cause the offensive contact, not intent to cause the resulting offensive consequences.

Front

If a dispute concerining battery does arise, what are some of the defences that the defendant can argue?

Back

If the plaintiff consents to the battery, or if the defendant battered the plaintiff in self defence, or if the defendant battered the plaintiff in order to prevent crime, then those arguments can be used to argue the defendants case in such disputes!

Front

How can the plaintiff counteract these defenses?

Back

If the force used was not neccecary/ reasonable within the given circumstances, then that can be used as a counteraction of the defendants arguements, on the plaintiffs part.