What must a defendant's act be in order to establish battery?

Study for the Georgia Torts Bar Exam with our comprehensive quizzes. Use flashcards and multiple choice questions, each with detailed explanations and tips to enhance your learning. Get ready to excel!

To establish battery, the defendant’s act must be intentional and harmful. Battery is defined as an intentional act that results in harmful or offensive contact with another person. Therefore, the most appropriate choice explains that the act must be both voluntary and affirmative, which implies a conscious decision to engage in conduct that causes contact.

This concept underscores that for battery, the action taken by the defendant must be purposeful, rather than the result of negligence or recklessness. While negligence involves a failure to exercise reasonable care that results in harm, this is not sufficient to establish a battery claim. Unintentional or non-contact acts, as noted in some alternatives, also do not meet the criteria, as they do not involve the intent or the necessary physical interaction required to constitute battery.

Ultimately, the requirement for the act to be voluntary and affirmative encapsulates the necessity for a conscious and active engagement that leads to harmful contact, which is fundamental to proving battery in tort law.

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