Facts
In Wilson v. Pringle (1987) QB 237, two 13-year-old schoolboys, the plaintiff and the defendant , were involved in an incident where Plaintiff claimed damages for trespass to the person. Plaintiff alleged that Defendant intentionally jumped on his back. Defendant denied liability, arguing that he only pulled P’s school bag off his shoulder, which he described as ordinary horseplay initiated by Plaintiff. Defendant further argued that his actions were not hostile. However, judgment was entered against Defendant, and the case was taken on appeal.
Issue
The issue was whether Defendant’s actions amounted to battery.
Holding
The Court of Appeal, in allowing the appeal, clarified that battery is the intentional and hostile touching or contact with another person. The intention to cause injury is not a necessary element of the tort.
The court acknowledged that, while everyone is entitled to protection from physical molestation, in everyday interactions, individuals take on some risk of injury from acts that are not inherently unlawful, such as ordinary horseplay.
