Cole v. Turner
Nisi Prius England - 1704
- Intentional touching of another in an unreasonable and violent manner is considered battery.
- The touching of another in anger constitutes battery.
- If there is no violence or no intent to touch, there is no battery.
- Modern definition of battery…
- Battery is the harmful or offensive touching of another person with the intent to bring about the harmful or offensive touching.
- Intent may be defined as acting with the purpose of bringing about an act or consequence OR knowing to a substantial certainty that an act or consequence will follow.
- The contact must be unreasonable to an average person.
- Battery may be caused through transferred intent.
- Anger or violence is not necessary in the modern definition of battery.
- Intentional contact results in battery if the contact is harmful or offensive to an average reasonable person.
- The victim does not have to be aware of the contact when it occurs (i.e. cutting open of other parts during surgery).