a. Piano instructor (D) charged with battery for showing P a finger exercise which led to an injury.
b. The touching was not unlawful and the intention was not unlawful. However, P claimed the touching was offensive.
c. D claims he’s done it before to other students
d. No Liability because, although offensive contact was present, the underlying intent was not there.
e. Any reasonable person would not have found the contact offensive…it is not up to the student to dictate what should happen during a piano lesson, that is up to the piano instructor. If she had a problem, she should have said something….then if he did it, she could have action for battery