Define Assault Tort and Battery Tort

Question

Illustrate what do you mean by Assault Tort and Battery Tort?

Answer 1

In Assault Tort reasonable belief that threat of offensive bodily contact (see battery) is imminent. Whereas in Battery Tort offensive bodily contact touching plaintiff or plaintiff’s clothing with fist, knife, bullet, etc. applies to businesses that control crowds or rude customers and to medical doctors who perform procedures against a patient’s wishes.

Defences:

The force used must be reasonable Provocation: words and actions that would cause a reasonable person to lose self-control; this is a partial defence that would only reduce damages. For both assault and battery: Informed and complete consent, the act was justified by emergency.