Someone recently bought our

students are currently browsing our notes.

X

Battery Notes

Law Notes > Intentional Torts Notes

This is an extract of our Battery document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

TRESPASS


TO

THE

PERSON:


BATTERY

INTENTIONAL

TORTS

|

5

BATTERY


A

battery

is

a

direct

act

by

the

defendant

causing

bodily

contact

with

the

plaintiff


without

their

consent

-

Marion's

Case

*

*

*

Direct

interference

with

a

body


o Doesn't

matter

how

severe

it

is

-

if

contact

occurs,

it

is

a

battery


o Anger

is

not

a

factor


SS? Cole

v

Turner


Battery

and

assault

are

closely

related

and

will

often

arise

on

the

same


facts


o Can

have

one

without

the

other


SS? If

someone

is

hit

from

behind,

or

hit

while

sleeping

* Battery

without

assault

* Action

without

threat


SS? If

someone

shakes

their

fists

at

someone

else

but

does

not


hit

them,

or

someone

points

a

gun

at

someone

but

does

not


shoot

them

* Assault

without

battery

* Threat

without

action


To

establish

a

battery,

it

must

be

shown

that


o A

direct

act

of

the

defendant

made

or

had

the

effect

of

causing


contact

with

the

body

of

another


o The

direct

act

was

intentional

or

reckless


Answering

a

battery

hypothetical:

1. Definition

of

battery,

with

authority

2. Is

the

act

direct,

resulting

in

contact

with

another?


a. Does

the

plaintiff

need

knowledge

of

the

contact?

3. Is

the

act

or

conduct

intentional?

4. Is

the

act

positive,

as

opposed

to

passive?

5. Is

the

act

voluntary?

6. Is

there

a

defence

to

the

contact?


a. Is

there

consent?


b. Is

there

a

lawful

excuse?

6 |

INTENTIONAL

TORTS

WAS

THE

ACT

DIRECT,

RESULTING

IN

CONTACT


WITH

ANOTHER?

*

*

*

There

must

be

bodily

contact

with

the

plaintiff


o Hostility

is

not

required

in

Australia


The

interference

of

the

plaintiff

must

be

as

a

direct,

not

a

consequential


result

of

the

action

of

the

defendant


The

plaintiff

has

to

show

that

the

contact

was

direct

and

intentional


o The

defendant

attempts

to

show

a

lack

of

fault


SS? McHale

v

Watson


o The

defendant

also

has

to

prove

the

defences


Direct

v

Indirect/Consequential

Contact

* An

injury

is

direct

when

it

follows

so

immediately

upon

the

act

of

the


defendant

that

it

may

be

termed

as

part

of

the

act

* It

is

consequential

if

by

reason

of

some

other

obvious

and

intervening


cause

it

is

regarded

as

not

part

of

the

defendant's

act,

but

rather

as

a


consequence

of

it


o Consequential

acts

are

not

battery


Scott

v

Shepherd

* Shepherd

threw

a

lighted

'squib'

made

of

gunpowder

into

the

market


stall

of

Yates

* Willis,

who

was

close

by

and

to

protect

himself,

picked

it

up

and

threw


it

onto

the

stall

of

Ryal.

* Ryal,

to

save

his

goods,

picked

it

up

and

threw

it.

* The

squib

struck

Scott

in

the

face

and

blinded

him

in

one

eye


Shepherd

a?

Willis

a?

Ryal

a?

Scott

* HELD:

Majority

found

there

was

a

battery

for

the

plaintiff


o Defendant's

act

was

unlawful

(breach

of

eace

and

breach

of


statute


o Willis

and

Ryal

acted

under

compulsive

necessity

for

their

own


safety,

not

as

free

agents


o Therefore,

their

actions

did

not

break

the

chain

of

directness

* Blackstone

J

DISSENTING:

injury

was

consequential

and

should

be

an


action

on

the

case

* This

case

shows

that

contact

does

not

need

to

involve

D

physically


touching

P

but

the

act

does

INTENTIONAL

TORTS

|

7

Buy the full version of these notes or essay plans and more in our Intentional Torts Notes.