Battery: Intentional Harmful Contact in Tort Law

Question 1

In the context of battery, what is meant by 'offensive contact'?

Accepted Answer

Any physical contact that is unwanted and causes distress

Answer

Any physical contact that causes bodily harm

Answer

Any physical contact that is intended to cause harm

Answer

Any physical contact that is against a person's will

Question 2

In the landmark case of Wilkinson v Downton [1897], what type of harm was recognised as actionable in battery?

Accepted Answer

Emotional distress

Answer

Physical injury

Answer

Economic loss

Answer

Reputation damage

Question 3

In determining the reasonableness of force used in self-defence, which factor is NOT considered?

Accepted Answer

The subjective belief of the defendant

Answer

The nature of the threat

Answer

The proportionality of the response

Answer

The availability of alternative options

Question 4

In the case of Scott v Shepherd [1773], how was the defendant's intent relevant?

Accepted Answer

It established that intent is required only in specific circumstances.

Answer

It established that intent is always required for battery.

Answer

It established that intent is irrelevant in battery.

Answer

It established that intent is a complete defence to battery.

Question 5

Which of the following is NOT an example of transferred intent in battery?

Accepted Answer

Hitting a person who consents to the contact

Answer

Hitting a person other than the intended target

Answer

Striking an object instead of the intended person

Answer

Making contact before the intended target can consent

Question 6

Which element is NOT essential to prove battery?

Accepted Answer

Damages

Answer

Intentional contact

Answer

Harmful or offensive contact

Question 7

Which of the following is NOT an element of battery?

Accepted Answer

Intentional infliction of emotional distress

Answer

Lack of consent

Answer

Intentional or reckless

Answer

Harmful or offensive contact

Question 8

What is the primary remedy for battery?

Accepted Answer

Damages

Answer

Rescission

Answer

Specific performance

Answer

Injunction

Question 9

A person who intentionally pushes another person without causing any physical harm may still be liable for battery.

Accepted Answer

True

Answer

Only if the person was acting in self-defense

Answer

False

Answer

Only if the person intended to cause harm

Question 10

Consent is a valid defense to battery if:

Accepted Answer

It is freely given, informed, and specific

Answer

It is given by a minor

Answer

It is given by someone who is intoxicated

Answer

It is given under duress

Question 11

Battery is a strict liability tort, meaning that:

Accepted Answer

The defendant is liable even if they did not intend to cause harm

Answer

The plaintiff must prove that the defendant was negligent

Answer

The defendant can only be liable if they intended to cause serious harm

Question 12

Which of the following is NOT an element of the tort of battery?

Accepted Answer

Intention to cause psychological harm

Answer

Intention to cause physical contact

Answer

Harm or offense caused

Answer

Unlawful contact

Question 13

What is the most common remedy for battery?

Accepted Answer

Damages

Answer

Criminal prosecution

Answer

Injunction

Answer

Specific performance

Question 14

Which of the following actions would constitute battery?

Accepted Answer

Pushing someone without their consent

Answer

Giving someone a hug after asking for and receiving their consent

Answer

Touching someone's arm to get their attention

Answer

Accidentally bumping into someone

Question 15

Which of the following is NOT an element of the tort of battery?

Accepted Answer

Intention to cause emotional distress

Answer

Intention to cause harmful or offensive contact

Answer

Lack of consent

Answer

Harmful or offensive contact

Question 16

A defense to battery that involves the use of reasonable force to protect oneself or others is known as:

Accepted Answer

Self-defense

Answer

Consent

Answer

Necessity

Answer

Provocation

Question 17

Which of the following potential remedies for battery involves payment of monetary damages?

Accepted Answer

Damages

Answer

Specific performance

Answer

Injunction

Answer

Restitution

Question 18

Distinguish the tort of false imprisonment from the tort of battery.

Accepted Answer

False imprisonment involves unlawful confinement, while battery involves intentional harmful or offensive contact.

Answer

Battery involves intentional infliction of emotional distress, while false imprisonment involves unlawful confinement.

Answer

False imprisonment involves intentional harmful or offensive contact, while battery involves unlawful confinement.

Answer

Battery involves unlawful contact, while false imprisonment involves intentional infliction of emotional distress.

Question 19

Intentionally causing someone to fear immediate bodily harm is known as:

Accepted Answer

Assault

Answer

Trespass to person

Answer

Battery

Answer

False imprisonment

Question 20

Which of the following is NOT an element of the tort of false imprisonment?

Accepted Answer

Intention to cause harm

Answer

Lack of consent

Answer

Unlawful confinement

Question 21

A battery that is committed with the intent to cause serious bodily harm is known as:

Accepted Answer

Aggravated battery

Answer

Battery with intent to harm

Answer

Assault and battery

Answer

Simple battery