Assault and Battery in Personal Injury Law

In the criminal law perspective, "assault & battery" are usually elements of a particular offense. According to the tort law, "assault" & "battery" are disassociated. Assault is defined as an act that generates fear of a forthcoming battery, & battery being a criminal touching. Assault & battery are premeditated torts, it means that the defendant truly intends to place the plaintiff in fear of being beaten, or means to unlawfully touch the claimant. The unlawful touching doesn’t need impose physical injury, & might be indirect (for instance, contact by means of a thrown rock, or spitting). The law of assault & battery is explained in this piece of writing as it’s commonly applied, though the law may differ in whichever specific jurisdiction.

Assault

An assault comprises:

• An intentional, wrongful "offer" or threat to cause physical injury to the other by force;
• Under circumstances that form to the other individual a logical fear of forthcoming peril;
• Where the evident present capability to perform the act has existed.

Remember that assault could be accomplished even though there’s no physical contact w/ the plaintiff, & even though the defendant has no physical ability to perform the evident threat. For instance, the plaintiff is being pointed with a realistic toy gun by the defendant might be liable for assault, even if the defendant was 50 ft away from the plaintiff & had no actual capability to cause harm from the distance.

Battery

The intentional or willful touching of an individual against that individual’s will by another individual is called battery, or by a substance or object put in action by that other individual. Please remember that an unpleasant touching could form a battery even though it doesn’t cause injury, & could not logically probably to cause harm. A defendant who forcefully pokes the plaintiff’s chest w/ his finger to give emphasis to a point might be responsible for battery (even though the damage award that came out might well be small). A defendant, who spat on the plaintiff, even if there’s a small chance that the spitting would cause any harm except to the plaintiff's self-respect, has carried out a battery.

Provocation

With words only, regardless of how provocative or insulting, don’t rationalize a battery or assault against the individuals who said the words.