MBE Rules · Torts
Battery
The rule
Intentional act causing harmful or offensive contact with another's person (including anything attached to or closely identified with the person). Intent = purpose OR substantial certainty. No actual harm required if offensive (reasonable person standard).
In plain English
Battery happens when someone intentionally makes harmful or offensive contact with another person, or something closely connected to them, without needing to actually hurt them.
Worked example
The defendant throws a drink at someone, hitting their shirt. Even if the person isn't hurt, it's battery because the contact was offensive.
Memory hook
Battery: Contact, not conduct. Intentional touch that's harmful or offensive, even without harm.
The trap
Students think: Actual harm required. Wrong, because offensive contact suffices. The actual test is intent and offensive contact.
How examiners test it
The MBE loves: a prank with unintended harm. Trap: students focus on harm, but it's intent to contact that's key.
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