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TRESPASS TO PERSONS: BATTERY

LAW OF TORT | Page 2 of 12
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not result. The defendant must have acted intentionally or negligently. The Purpose of the Law of Battery The purpose of the law of battery is to protect the body of a person and its dignity from unlawful contact and violence by another person. The harm which the law seeks to prevent is the undesirable contact by another person, irrelevant of whether such contact was violent or not. Under law, everyone is entitled to be free from any intentional, negligent and undesirable physical contact. See the following cases: Dele Giwa v IGP. Unrep Suit No. M/44/83 of 30/7/84; Mogaji v Board of Custom & Excise (1982) 3 NCLR 552; Fagan v MPC (1969) QB 439; Kenlin v Gardiner (1967) 2 QB 510; and Lane v Holloway (1967) 3 WLR 1003 CA. Contact Is Necessary Battery is committed if there is some contact, such as, body to body contact, or if the defendant brings some object or thing into contact with the victim; however slight the degree of contact, force or impact on the body of the victim. Thus, it does not matter whether the battery was inflicted directly on the body of the offender or through the medium of some weapon, instrument, vehicle or any other thing used, controlled or manipulated by the tortfeasor. As a general rule, medical procedure or medical care is not battery, even when it is carried out without the consent of the patient. Because, even though there is battery, the intention is to act in the best interest of the patient and there is no intention to harm the patient. The least touch or contact is sufficient for battery, though one may only obtain nominal damages for such contact. Where application of force is unlawful, there is battery. However, where an application of force is lawfully justifiable a claim for battery will fail. Contact may be