In common law and in torts (private lawsuits for cash damages) there area unit firm definitions of assault and battery:
a) Assault is conduct that puts someone in worry of close bodily hurt, and the act of constructing somebody feel vulnerable with physical hurt. this could be done by the words you say, “ I’m reaching to hunt you down and kill you.”
b) Battery is associate unconsented touching, battery is that the actual act of physical violence, whether or not it’s a punch, a shove, or a grab. the particular use of a weapon would presumably lead to a a lot of serious charge, like assault, tried homicide, or tried murder.
Modern criminal statutes have blurred the road between the 2 and essentially created “assault” into “attempted assault”, and “battery” into “assault”, and any dividing assault into assault once it’s with a deadly weapon. Intent could be a needed part of the criminal version of assault (there is not any “negligent assault” in criminal law). TV and film area unit invariably touching on these new criminal definitions of assault (because crime is inherently fascinating human drama and actus reus lawsuits area unit boring as hell).
Back to the civil aspect, however, notice that the 2 components of battery
[(1) lack of consent, and
(2) a physical contact] don’t involve intent in any respect.
As a result, you’ll have the somewhat odd actus reus of doc battery, wherever a doctor absolutely intends to assist someone, not hurt them, however didn’t acquire consent. Thus, if a doctor erroneously operates on your left foot once you solely gave consent to treat the proper foot, lawyers decision that a “battery”.
Another odd variant is sports injury. commonly up-to-date sports, participants area unit deemed to possess consented to physical contacts inside the principles of the game. If the injury resulted from a move or associate act that is prohibited by the principles of the game, it will be thought of A battery and you’ll sue for the injury. Again, intent to injure is unsuitable. this is often one thing that typically solely comes up in amateur or faculty sports: I’m not tuned in to any skilled athletes suing one another once there has been a foul on the play. i’d imagine that their contract prohibits it.
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