Definition of Battery (tort)

At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i.e. a hat, a purse, etc.). It is a form of trespass to the person. As distinguished from assault, battery requires an actual contact. The contact need not be with the tortfeasor but the tortfeasor may bring about the contact with something else. For example, A runs over B with his car. This is a battery. Battery is actionable per se, meaning that a claim for the tort may succeed without proof of damage.