Ace Your Torts MBE in 2026 – Tackle the Test with Confidence and Flair!

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During a golf foursome, a golfer swings at her instructor in frustration, but the club slips from her grasp and hits the instructor in the head. If the instructor sues for battery, what is the likely outcome?

Yes, because the golfer acted intentionally and caused harmful contact.

Yes, because the golfer intended to cause reasonable apprehension of imminent harmful contact.

No, because the golfer did not intend to cause harmful or offensive contact.

Battery requires an intentional act that results in harmful or offensive contact with another person. In this scenario, the golfer deliberately swung at the instructor, which shows an intention to cause contact with that person. Even though the club slipped and the contact happened by accident, the act that produced the contact was intentional. Therefore, liability for battery is likely.

This is distinct from assault, which deals with creating reasonable apprehension of imminent harmful contact without actual contact occurring. Here contact did occur, so assault isn’t the controlling claim. The outcome isn’t about unreasonableness; battery turns on the intent to cause contact, not on whether the moment was prudent or careless.

No, unless the golfer acted unreasonably in the moment.