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Assault and Battery

Assault and Battery

Explore the close relationship between the torts of assault and battery and the elements of each.


Assault and Battery

Assault and battery go together like sunshine and heat or two children in love. Indeed, there is some overlap between their elements, and in many cases you won't see one without the other. For pedagogical purposes, it's best if we begin with battery, since it forms a foundation for understanding the elements of assault.

I. Battery

Battery is: (1) an act, done by the defendant, which is (2) intended to and does bring about (3) physical contact with the plaintiff, which is...