Tortious Battery – a nonconsensual, intentional, and offensive touching of another, but not necessarily with the intent to do harm or offense as required in a criminal battery

tortious battery:

1. A nonconsensual, intentional, and offensive touching of another without lawful justification, but not necessarily with the intent to do harm or offense as required in a criminal battery.batter, vb. [1]

     Excerpt from Stephen’s Commentaries on the Laws of England (L. Crispin Warmington ed., Zist ed. 1950):

     “A battery is the actual application of force to the body of the prosecutor.  It is, in other words, the assault brought to completion. Thus, if a man strikes at another with his cane and misses him, it is an assault; if he hits him, it is a battery.  But the slightest degree of force is sufficient, provided that it be applied in a hostile manner; as by pushing a man or spitting in his face.  Touching a man to attract his attention to some particular matter, or a friendly slap on the back is not battery, owing to the lack of hostile intention. [2]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: 4 Stephen’s Commentaries on the Laws of England 6263 (L. Crispin Warmington ed., Zist ed. 1950).

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