At Parkside Bistro,Ogden believes that he was overcharged and shoves Nellie,the waiter.Nellie sues Ogden,alleging that the shove was a battery.Ogden is liable
A)if Parkside did not overcharge Ogden.
B)if the shove was offensive.
C)if Ogden acted out of malice.
D)under no circumstances-the shove was not a battery.

Question

Quizplus · Accepted Answer

A battery is an intentional and offensive touching of another person without their consent. In this scenario, Ogden intentionally shoved Nellie, which could be considered offensive, therefore, meeting the criteria of a battery. The fact that Parkside Bistro may or may not have overcharged Ogden does not change the fact that Ogden committed battery against Nellie. There is no mention of malice in the scenario, so it is not a relevant factor in determining liability.

At Parkside Bistro,Ogden Believes That He Was Overcharged and Shoves