Paralegal Advanced Competency Exam (PACE) Practice Exam

What kind of contact does NOT qualify as battery?

1. Intentional harmful contact

2. Unintentional harmful contact

3. Consensual physical contact

4. Contact intended to cause distress

The correct answer is: Unintentional harmful contact

Unintentional harmful contact does not qualify as battery because battery requires intent. The defining characteristic of battery is that it involves intentional conduct that results in harmful or offensive contact. For an act to be classified as battery, the perpetrator must have intended to make contact or have acted with substantial certainty that such contact would occur. In contrast, unintentional harmful contact lacks this intent, as it occurs without the perpetrator's conscious desire or knowledge of causing harm. Regarding consensual physical contact, this does not meet the criteria for battery because both parties involved have agreed to the contact, negating any notion of harm or offense. Similarly, intentional harmful contact qualifies as battery precisely because it demonstrates the requisite intent. Contact intended to cause distress can also lead to claims of battery if it results in harmful or offensive physical contact. However, the key element in all those scenarios is the intent behind the action. Thus, it is the absence of intent in unintentional harmful contact that distinguishes it from the other options related to battery.