Swipe left and right.
1. Positive Act: Not doing does not constitute trespass, and this applies to battery. See Inness v Wylie.
2. Voluntariness: The defendant must be in control of their actions. Using someone’s hand to hit another does not make them liable for battery.
3. Mental Blame Worthiness: The defendant must have acted negligently (thus recklessly) or intentionally.
4. Lack of Consent: see Nash v Sheen, Wiffin v Kincard;
5. Direct Act: The plaintiff must prove that the damage to himself was a consequence of the direct act of the defendant. See Scott v Shepherd.
6. Physical Contact: This is what distinguishes assault from battery. For a case of battery to succeed, the defendant must touch the plaintiff or an object to which the plaintiff is intimately attached.