Torts - Intentional Tort #1: Battery

Elements of battery

1. Voluntary act

2. Intent to cause contact

3. Causes bodily contact

4. Contact was harmful or offensive

Voluntary act

An external manifestation of an actor’s internal will

Majority rule — Intent to cause bodily contact

The contact must be intended, but the harmfulness or offensiveness does not need to be intended.

Minority rule — Intent to cause bodily contact

The contact AND the harmfulness or offensiveness associated with it must be intended.

Extended personality doctrine

Contact with something “so connected with the body as to be customarily regarded as part of the person” counts as battery against their body.

Transferred intent doctrine

Intent to make bodily contact with one person can be transferred to a third person if that third person was actually contacted

What is harmful contact?

Tangible physical injury

What is offensive contact?

Dignitary harm that a reasonable person would find offensive

Known sensitivity doctrine

Traditionally non-offensive contact can be battery if the plaintiff had a sensitivity that the tortfeasor knew of.