Assault and Battery (Torts)

Battery

ana ct by the defendant intended to and does bring about physical contact with the plaintiff which is either harmful or offensive

Bodily harm

any physical impairment of the condition of another’s body or physical pain or illness

offensive contact

a reasonable ordinary person in the plaintiff’s position would find it offensive in all circumstances and it is done without consent

implied consent

the circumstances give reasonable person to infer consent or the law deems consent of have occurred

consent implied in fact

the plaintiff’s conduct gives reasonable person in the defendant’s position cause to believe the plaintiff’s consent

consent implied by law

an emergency makes it necessary for the defendant to contact the plaintiff before consent is given to prevent harm and there is no reason to believe the plaintiff would decline consent

valid consent

the plaintiff is informed with reasonable information to make a decision about whether to give consent, is voluntary and given with legal capacity

invalid consent

predicated upon a fundamental mistake by the plaintiff that the defendant was aware of and it related to a basic assumption

consent as a defense to battery

the defendant’s activities must remain confined to the scope of consent given

contact also occurs if

the defendant sets in motion a series of events that lead to harmful or offensive contact

assault

an overt physical act by defendant that the plaintiff is aware if that intends to and does create apprehension of imminent battery

imminent

that expected battery is only imminent if the plaintiff reasonably believes that the battery will take place without any delay