In: Operations Management
oe and Steve are at a bar one Friday evening and they get into an argument. Steve gets so angry that he punches Joe in the face. What tort would Steve be liable for?
Question 5 options:
Intimidation |
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Assault |
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Battery |
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False Imprisonment |
|
None of these options are correct |
The tort that steve would be liable for is BATTERY.
The battery felony is the illegal use of force on someone,
resulting in a physical harm or violent touch. Battery is commonly
punished as an offense of misdemeanour. Criminal battery penalty is
a fine, a prison term or both. Battery is usually prosecuted as a
criminal offense only in cases involving serious harm to the
victim.
The following factors have to be proved to create a argument for
battery: (1) a defendant's act;
(2) the defendant's intent to inflict harmful or
offensive contact; and (3) the plaintiff's harmful
or offensive touch.
The act must bring in one of two modes of touch. Causing any
physical harm or injury to the victim — such as a cut, burn, or
bullet wound might constitute battery, but there is no need for
actual injury. While there is no visible bruise after adverse
touch, the defendant may also be guilty of battery; there may still
be actionable post touch event with a physical condition. The
second form of touch that may trigger battery does not inflict
direct bodily injury but is disrespectful or degrading to the
victim instead. Types involve spitting in someone's face or
touching someone inappropriately against his or her will.
Steve became upset and punched Joe in the face in this situation,
which means he used aggression resulting in injury and offensive
contact towards Joe. Steve knew that this intent of his will
develop a physical contact with Joe and can or may harm him still
he punched Joe. So, Joe can sue Steve for the wrongdoing. Depending
on the damages or harm Joe received he will be punished or be asked
to pay some amount as fine.