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The scales of justice on a plain background

Cole v Turner

1704 · (1704) 6 Mod 149

Posted By lanbuk.com

Facts

A dispute over physical contact gave Holt CJ the occasion to state when touching amounts to .

Issue

How much contact is needed for a battery?

Held

Holt CJ said that the least touching of another in anger is a battery, while touching gently in a narrow passage without violence or design of harm is not.

Principle

The slightest contact can be a battery if done with hostility; ordinary social contact is not.

Why it matters

The classic statement that battery needs no injury, only unlawful contact.

Cited in these chapters

Cite this page

Cole v Turner (1704) 6 Mod 149 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/cole-v-turner> accessed 31 October 2026

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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.