A diner in a crowded café accidentally spilled a hot cup of coffee on a patron, causing significant burns. The patron sued the diner for battery. To successfully prove battery against the diner, which of the following must the patron demonstrate?
The diner negligently caused the coffee to spill, resulting in harm.
The diner acted with intent to cause harmful or offensive contact with the patron.
The diner failed to apologize for causing the unintended harm to the patron.
The patron did not expressly give consent for any physical contact in the café.
The key element of battery is intentional harmful or offensive contact. Battery requires that the defendant either intended the contact or acted with substantial certainty that the contact would occur. In this scenario, an accidental spill lacks the required intent for battery, even if it resulted in harm. Answer choices suggesting accidental acts as sufficient do not satisfy the necessary intentionality element, while defenses like consent are irrelevant here since no consent was given or implied for the spill.
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