What constitutes a prima facie case for battery in tort?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To establish a prima facie case for battery in tort, the elements that must be proven include the defendant's intent to cause harmful or offensive contact, as well as the actual occurrence of such contact with the plaintiff. The concept of intent in this context refers to the defendant's purpose or knowledge that their actions would likely result in contact that is harmful or offensive to another.

The correct answer emphasizes that both intent and the resulting contact are required for a successful battery claim. A plaintiff does not need to demonstrate that they suffered a physical injury; rather, the focus is on whether the contact itself was harmful or offensive. This broad definition allows for claims based on actions that might not cause significant physical injury but still violate personal autonomy or dignity.

In contrast, the other choices fail to comprehensively capture the elements needed for a battery claim. For example, solely showing intent to cause harm is insufficient without the actual harmful or offensive contact occurring. Likewise, witness testimony, while supportive evidence, does not itself establish the necessary elements of intent and contact to form a prima facie case for battery. Additionally, physical injury, while it might be relevant in some cases, is not a prerequisite for a battery claim, as the tort can exist even without substantial physical damage.

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