The majority in Burton v Office of DPP, above, found it unnecessary to decide on an authoritative formulation of the elements of the tort (cf Bell P at [42]) in A recent decision of the Supreme Court of Queensland, Court of Appeal, concerned the issue of whether there was an absence of a valid consent and liability for civil assault or battery. not too remote, as are damages for mental distress (as where occasioned by a serious criminal charge). 7031 Koll Center Pkwy, Pleasanton, CA 94566. For example, if the person harmed consented to being touched by the defendant, the defendant is probably not guilty of battery. This applies to any kind of civil liability for personal injury. imposed: at[57]. This includes assault vs. battery, slander vs. libel, and false imprisonment.
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