Plaintiff and Defendant, schoolchildren, were engaged in horseplay at school as a result of which Plaintiff fell and was injured.
CA found for Defendant, saying that battery was an intentional and hostile touching of, or contact with, one person by another and an intention to injure the other was not an essential element of the tort; that whether a touching or contact was hostile was a question of fact for the tribunal of fact, and that, since the defendant had not admitted that his act had been hostile, he was not liable.
Hostility is a question of fact for the judge.
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Criminal law | Offences Against The Person Notes Real Notes (28 pages) |