Is B's action of helping a sick child in his taxicab considered offensive touching?

The reasoning that supports the answer is rooted in the nature of B's actions and the context of the situation. Helping a sick child in a taxicab can be viewed as an act of kindness or assistance rather than one of aggression or intent to offend. The key principle in tort law regarding offensive touching revolves around the offensive nature of the act itself.

In this scenario, B's contact with the child is affirmative and intended to provide aid, which aligns with the socially accepted norm of helping someone in distress. This context implies that B's actions were not meant to cause harm or offense but to alleviate the child’s discomfort, supporting the argument that this interaction is not considered offensive touching.

The concept of implied consent also plays a role in why this is not deemed offensive. When someone is in a vulnerable situation, such as being sick, the expectation would typically be that assistance may involve some form of physical contact (like placing a hand on their shoulder or helping them sit up). Therefore, the situation leans heavily towards an act of assistance rather than an act that would fall under the definition of offensive touching.

This understanding reinforces the idea that B’s actions were appropriately motivated and socially acceptable, thus leading to the conclusion that it does not rise to the