8.2 Intentional Torts and Battery

Intentional Torts

• Intentional torts are intentional interferences with interests that the law protects, typically focusing on a person's body or property.

• In the case of intentional torts, the plaintiff does not have to demonstrate actual damage caused by the defendant's actions.

• There are several types of intentional torts, each with its unique requirements.

Battery

• Definition of Battery:

  • Battery is defined as direct, intentional, and harmful or offensive physical contact.

  • Source: Liza Summer, www.pexels.com

Elements of Battery

1. Directness of Contact

   • Direct means that the contact is the immediate consequence of a force initiated by the defendant's act.

2. Intentionality

   • Intentional means that the defendant either desires to cause the harmful or offensive contact or knows that such contact is likely to occur.

3. Nature of Contact

   • The contact must be harmful or offensive:

     • Harmful Contact:

     • Constitutes actual physical harm.

     • Offensive Contact:

     • Contact deemed offensive must exceed the standards of acceptable contact recognized in ordinary life. It does not require physical harm to be considered offensive.

Defense Against Battery

• Consent

  • Consent can manifest in two forms:

  1. Express Consent:

     • Involves clear, written permission for the activity.

  2. Implied Consent:

     • Arises when an individual participates in an activity where consent is understood.

  • Consent must be:

  • Voluntary: It should not be obtained through force, threats, manipulation, or under the influence of drugs or deceit regarding the nature of the defendant’s conduct.

Case Law Example

• Malette v. Shulman (ONCA, 1990):

  • A relevant case that could illustrate the application of battery law and defenses.