This article is relevant to AQA A-level 7162 Paper 2 and OCR A-level H415 Unit 1.
The tort of battery is the intentional application of unlawful force to another person. Battery is actionable per se, which means that the claimant is not required to demonstrate that the defendant did in fact cause actual harm. Any unwanted physical touching can amount to a battery, and it does not matter why the touching occurred. Once battery has been established, it may be possible for defendants to demonstrate excuses for their actions. This can be by establishing that the claimant has in fact validly consented to the battery. Consent is expressed in the maxim volenti non fit injuria: no harm can be done to a willing person. Disputes relating to consent often occur in the context of medical treatment.
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