InkElites LMS

TRESPASS TO PERSONS: BATTERY

LAW OF TORT | Page 1 of 12
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Definition of Battery According to C.F. Padfield, battery is: "applying force however slight to the person of another, hostilely or against his will.” And according to Gilbert Kodilinye: "battery is the intentional application of force to another person.” In view of the above definitions, it may be explained that battery is the application of force however slight, on another person. Battery is the application of force on a person without his consent and without legal justification. It is contact with another person. Battery is the slighted touch of a person. It is any undesirable contact. Thus the slightest, merest or the least touching of another person is battery. It is the use of unlawful force on another person without his consent. Accordingly, it is the unlawful application of force to another person regardless of its degree. It is any act of the defendant which intentionally causes some physical contact with the person of the plaintiff, without the plaintiffs consent. It includes striking, or touching a person in a rude, angry, revengeful or insolent manner. The touch must be hostile and the plaintiff must not have consented to it. It is battery to intentionally touch another person or to bring any object into contact with another person. Such contact is sufficient application of force to give right to a claim in battery. Battery includes the application of heat, light, force, gas, odour or any substance or thing whatever, if applied in such a degree as to impact the person, cause any injury or personal discomfort. Essentially battery is: Unlawful application of force or violence on another person without the person's consent, However, slight the degree of force. Some form of contact, direct or indirect is necessary. Bodily injury need