Also known as: physical contacts · bodily contact
Written by attorneys · grounded in primary & secondary sources — see below
Bodily contact with the person of another that results from an intentional act. The contact is harmful when it causes physical impairment, pain, or illness. The contact is offensive when it offends a reasonable sense of personal dignity.
Philip Powell reached across a table and shoved Peter Park during an argument at a conference. The shove knocked Park backward into a chair. Park sued Powell for battery. The court held that the harmful contact satisfied the requirement because Powell's own voluntary act directly produced the bodily contact.
Penelope Price mailed a threatening letter and made harassing phone calls from another state to Pilar Pena in the forum state. The calls and letter caused Pena emotional distress that manifested in physical symptoms. Pena sued Price for intentional infliction of emotional distress. The court found personal jurisdiction proper even though Price had never entered the forum state and had no physical contact with it.
Select any source to read its text and confirm it supports the definition.
Pedro Pacheco swung his arm intending only to startle Pablo Perez without causing injury. The swing struck Perez in the chest. Perez sued for battery. The court imposed liability because the intentional act produced an offensive bodily contact even though Pacheco had not aimed to cause harm.
Philip Powell threw a punch at Peter Park intending to hit him. The punch missed Park and struck Penelope Price instead. Price sued Powell for battery. The court held Powell liable to Price on the same basis as if he had intended to strike her directly.
Pilar Pena grabbed Pedro Pacheco by the collar and pulled him close during a heated workplace dispute. Pacheco felt the grip violated his personal space. He sued for battery. The court found the contact offensive because it would offend a reasonable sense of personal dignity.
Pablo Perez swung at Philip Powell intending to startle him. The swing instead brushed against Penelope Price. Price sued for battery. The court imposed liability because the intentional act aimed at one person produced an offensive bodily contact with another.
Yes. The harmful or offensive bodily contact must be caused by an act done by the person whose liability is in question. No intermediary or external force satisfies the element.
Supporting sources
Yes. An actor who intends an offensive but not harmful contact is liable for battery if the act causes bodily contact, even without intent to produce the resulting harm.
Supporting sources
Yes. If an actor intends to affect one person with harmful or offensive contact but instead causes such contact to another, the actor is liable to the actual victim as though the intent had been directed at that person.
Supporting sources
A bodily contact is offensive if it offends a reasonable sense of personal dignity. The standard is objective and does not depend on the plaintiff's subjective sensitivities alone.
Supporting sources