California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
During a heated argument, Alex intentionally shoved Ben, causing Ben to fall and break his arm. Ben sued Alex for battery. Which of the following is an essential element Ben must prove to establish battery?
- AAlex's act caused harmful or offensive contact with Ben's person.
- BAlex's act caused Ben to fear imminent harmful contact.
- CAlex intended to cause harm to Ben.
- DAlex acted with extreme and outrageous conduct.
Show answer & explanationAnswer & explanation
Correct answer: A. Alex's act caused harmful or offensive contact with Ben's person.
Battery requires an intentional act by the defendant that causes a harmful or offensive contact with the plaintiff's person. The intent required is merely the intent to make contact, not necessarily to cause harm.
Why the other options are wrong
- B. This describes an element of assault, not battery.
- C. The intent required for battery is the intent to make contact, not necessarily the intent to cause specific harm.
- D. This describes an element of intentional infliction of emotional distress, not battery.
Battery (Torts)
An intentional tort where the defendant's act causes a harmful or offensive contact with the plaintiff's person.
- Intentional act (to cause contact).
- Harmful or offensive contact.
- Contact with the plaintiff's person.
- Plaintiff does not need to be aware of the contact.
Memory trick: Battery is 'Body Bumping' with Bad Intent.