What is the key characteristic of battery in tort law?

The key characteristic of battery in tort law is unwanted physical contact. Battery is defined as the intentional and unlawful application of force to another person, which results in harmful or offensive contact. The focus is on the unconsented nature of the physical interaction, meaning that any contact, be it harmful or merely offensive, qualifies as battery if it occurs without the consent of the person being contacted.

Intent plays a critical role in battery; the individual must intend to make contact, but the intent does not have to be to cause harm—only to bring about the contact itself. This differentiates battery from other torts that may involve psychological harm or threats, such as assault, which focuses more on the intent to create fear rather than the actual physical contact.

The other options, while related to concepts in tort law, do not encapsulate the essence of battery. Intimidation or fear does not constitute battery without the actual physical contact, and threatening language, although potentially distressing, does not result in a tort action unless it leads to an unwanted physical encounter. The potential for harm can be a factor in various torts, but it is the act of unwanted contact that distinctly characterizes battery within the legal context.