Question

In: Operations Management

oe and Steve are at a bar one Friday evening and they get into an argument....

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

Assault

Battery

False Imprisonment

None of these options are correct

Solutions

Expert Solution

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.


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