battery

Battery involves intentionally and volitionally bringing about an un-consented harmful or offensive contact with a person or to something closely associated with them. It is distinguished from assault, as it requires actual contact which need not be with the tortfeasor but the tortfeasor may bring about the contact with something else and is actionable per se, that is, without proof of damage.

The elements of the tort of battery include:

• a. Intention to apply force: There must exist the intention to apply force. It is enough for the plaintiff to establish that the intention of the defendant was to apply force. It is not necessary to prove intention to hurt the plaintiff.
• b. Application of force: There must be application of force, no matter how slight.

An act does not amount to battery unless it is intentional or negligently done. Ilouno v. Chiekwe (1991) NWLR 316.