Padma hates Vidal. One day Padma sees Vidal riding his horse on the bridle path. Padma runs up to Vidal and kicks Vidal's horse in the leg. The horse's leg is bruised but will heal, so Vidal decides to avoid riding the horse for awhile. 1 Battery a b 2 d Assault a b C d An intentional act; Of harmful or offensive contact; With the person of another; And, without consent. An intentional act; To cause a harmful or offensive contact; With the person of the other or a third person; Or an imminent apprehension of such a contact. Does kicking Vidal's hose make Padma liable for assault and/or battery? Battery is the intentional act of harmful or offensive contact with the person of another without consent. In order for there to be intent, the person has to have the mental state or, knowledge with substantial certainty, that a action will occur. Here, Padma hated Vidal and ran up to Vidal, while riding his horse, then kicked his horse in the leg, which was harmful contact to the horse. The horse suffered a bruised leg, but it will heal. Padma intentionally kicked the horse in the leg, but it was a horse and not Vidal, the person. Assault is the intentional act to cause a harmful or offensive contact with the person of the other or an imminent apprehension of such a contact. Padma ran up to Vidal and kicked the horse which could leave Vidal in apprehension of harmful or offensive contact. However, Padma kicked the horse and not Vidal. Padma ran up to Vidal, however, there was nothing indicating that Vidal felt apprehension of harmful or offensive contact. Based on the actions listed, Padma should not be liable for assault or battery against Vidal.