Battery Vs Torts Research Paper

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1. The same set of facts can result in a tort and a crime. For example, a mechanic can both be charged with installing the breaks incorrectly, a crime, and causing damage to a car and medical bills, a tort. Every tort will not cause a criminal liability.
2. Torts can be distinguished from a contract action because tort actions are established through the courts through statutory modification of common law or plain common law while contract action are grounded in legal duties parties established in their contracts. There are different legal remedies sought for torts and contracts.
3. The elements of assault are: an intentional act, creates a reasonable apprehension, and of immediate physical contact, and immediate harm while the elements of battery are: an intentional act, and creates an offensive and harmful physical contact.
4. …show more content…
You can have a battery with no assault because if someone kicks someone when they are walking away it is just a battery because there is no creation of an apprehension while if someone moves toward you with a waving fist there is no physical contact then you have an assault but no battery. Assault and battery are separate torts.
5. Although I do not know the law relating to domestic disputes, I do believe that there is an assault and battery. I believe that Mr. Day swinging his bat in front of Mrs. Day is an assault because it meets all the elements: it was an intentional act that created a reasonable apprehension of harmful contact. Too, a battery was present when Mr. Day hit Mrs. Day with a bat and broke her arm because it meets the two elements of a battery: an intentional act that created a harmful physical
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