In tort law, what constitutes battery?

Battery in tort law is defined as intentional harmful or offensive contact with another person without their consent. The key elements of battery include the intention to make contact, the actual occurrence of harmful or offensive contact, and the absence of consent from the victim. This means that even if the contact does not result in physical injury, if it is deemed offensive or harmful and was done without consent, it can still constitute battery.

Understanding battery is crucial in risk management within healthcare as it helps professionals navigate scenarios where consent and patient autonomy are vital. For example, in a healthcare setting, a caregiver or medical professional must ensure they have the patient's consent before proceeding with any physical examination or treatment to avoid a potential claim of battery.