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Bert's claims in torts Bert v Paulo (Battery) Paulo's liability The tort of battery protects individuals from intentional touch without consent. However, when applied to sporting contests, Fox J in McNamara v Duncan1 stated that "...forcible bodily contact is part of [the game]"2 which may lead a court to find that even the apparently harsh contact of Paulo's elbow is permissible. The issue for Paulo is, was his contact with Bert done with intent. In the case of Giumelli v Johnston3, the court concluded that a hit from the elbow is sufficiently reckless that a player should see the potential to inflict harm4 and is therefore an action of intent. Paulo has made contact using his elbow, which is not an action within the rules. This may lead to the court finding he had intent to cause Bert harm. Conclusion' If Paulo can show that the contact was within the rules, he would not be...

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