Battery

Definition

A battery is a device that stores electrical energy and can be used to power various electrical devices. It is a key concept in the context of both important business laws and regulations as well as intentional torts and negligence.

5 Must Know Facts For Your Next Test

1. Battery is a form of intentional tort, where the defendant intentionally causes harmful or offensive contact with the plaintiff's person.
2. In the context of business laws and regulations, battery may be relevant in cases of workplace violence or disputes between employees or customers.
3. The elements of battery are: (1) an intent to cause harmful or offensive contact, (2) an actual harmful or offensive contact, and (3) causation.
4. Battery can result in both civil liability, where the victim can seek monetary damages, and criminal liability, where the perpetrator may face prosecution.
5. Businesses have a duty to provide a safe work environment and may be held liable for battery committed by their employees or agents in the course of their employment.

Review Questions

• Explain how the concept of battery relates to intentional torts and negligence in a business context.
  • Battery is a type of intentional tort, where the defendant intentionally causes harmful or offensive contact with the plaintiff's person. In a business context, battery may arise in cases of workplace violence, such as physical altercations between employees or between employees and customers. Businesses have a duty to provide a safe work environment and may be held liable for battery committed by their employees or agents in the course of their employment. Negligence may also be a factor if the business fails to take reasonable steps to prevent or respond to incidents of battery in the workplace.
• Describe the elements of battery and how they might be applied in a business law scenario.
  • The three elements of battery are: (1) an intent to cause harmful or offensive contact, (2) an actual harmful or offensive contact, and (3) causation. In a business law context, these elements could be applied to situations such as a manager physically assaulting an employee, a customer physically attacking a store employee, or a security guard using excessive force when apprehending a suspected shoplifter. Businesses must be aware of the potential for battery and take steps to prevent and address such incidents, as they can result in both civil liability, where the victim can seek monetary damages, and criminal liability, where the perpetrator may face prosecution.
• Analyze the potential legal and financial implications for a business that fails to address incidents of battery in the workplace.
  • If a business fails to address incidents of battery in the workplace, it can face significant legal and financial consequences. Firstly, the business may be held civilly liable for the battery, as it has a duty to provide a safe work environment. The victim could seek monetary damages from the business, which could include compensation for medical expenses, lost wages, and pain and suffering. Additionally, the business may face criminal liability if it is found to have been negligent in preventing or responding to the battery. This could result in fines or even criminal charges against the business or its employees. Beyond the legal implications, a failure to address battery in the workplace can also damage the business's reputation, leading to a loss of customer trust and potential financial harm. Ultimately, businesses must take proactive steps to prevent and address incidents of battery to protect their employees, customers, and the overall financial well-being of the organization.

Related terms

Assault:

A willful attempt or threat to inflict injury upon another person, coupled with the apparent present ability to do so, which creates a reasonable apprehension of bodily harm in the victim.

Tort: A civil wrong that causes harm or injury to another person, for which the law provides a remedy, such as an award of damages.

Negligence:

The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, resulting in harm or injury to another.