Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Assault and Battery Distinction

8

Flashcards

0/8

Still learning
StarStarStarStar

Assault

StarStarStarStar

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.

StarStarStarStar

Consent

StarStarStarStar

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.

StarStarStarStar

Transferred Intent

StarStarStarStar

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.

StarStarStarStar

Intentional Infliction of Emotional Distress (IIED)

StarStarStarStar

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.

StarStarStarStar

Self-Defense

StarStarStarStar

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.

StarStarStarStar

Provocation

StarStarStarStar

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.

StarStarStarStar

Defamation

StarStarStarStar

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.

StarStarStarStar

Battery

StarStarStarStar

Intentional physical contact with another person without their consent that is harmful or offensive. Battery differentiates from assault as it requires actual contact.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.