Question
Joe who is 45, had some tooth pain in one of his molars so went to a dentist.Looking over Joes teeth Melissa told him he
Joe who is 45, had some tooth pain in one of his molars so went to a dentist.Looking over Joes teeth Melissa told him he would need his teeth 'built up'.Joe didn't know what this meant, with the belief that Melissa knew what he was talking about he asked no further questions.Melissa then proceeded on with the treatment she 'built up' around the tops of all four lower canines subsequently this left the canine teeth too high, something that Joe was never made aware of.Joe was still complaining of his teeth aching and so went to another dentist in which he was told that the build up was unnecessary on the lower teeth.
Focusing on the tort of battery answer the following questions to determine whether Melissa is potentially liable for battery. (Australia)
Is there a direct and intentional/negligent act by the dentist?
Did the contact occur without Joe's consent?
Was the contact harmful or offensive to Joe?
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