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Assault and Battery Distinction
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Assault
An intentional act to create a reasonable apprehension of immediate harmful or offensive contact. Assault does not require physical contact to occur, differentiating it from battery.
Consent
A defense to assault and battery where the alleged victim has expressly or impliedly agreed to the conduct. It differentiates as it can nullify a claim of assault or battery, if proven.
Transferred Intent
In tort law, when a defendant intends to harm one individual but unintentionally harms a second person, the intent is transferred to the actual victim. This concept is applicable to both assault and battery, making it unique because it allows for an unintended victim to bring a claim.
Intentional Infliction of Emotional Distress (IIED)
An act that is so outrageous and cannot be tolerated by civilized society, intended to cause, and does cause, severe emotional distress to another person. IIED is considered alongside assault for the intent and effect on the victim, but does not require the threat of physical harm.
Self-Defense
A defense to assault and battery where the defendant claims to have acted in response to an immediate threat of harm. Self-defense differentiates by justifying the defendant's actions as an attempt to protect themselves.
Provocation
A defendant's claim that the victim's own actions were sufficiently provocative to justify the defendant's battery. It distinguishes from assault as it is often used to mitigate the severity of, or excuse, an actual contact.
Defamation
A false statement that injures someone's reputation. Defamation is a separate tort from assault or battery, as it involves harm to a person's reputation rather than a threat or actual harm to their physical person.
Battery
Intentional physical contact with another person without their consent that is harmful or offensive. Battery differentiates from assault as it requires actual contact.
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