Question

DISCUSSION
George needs to go on a job interview in two days, but his car broke down. He mentions this to his friend Sam who decides to let George use the car. Sam surprises George by dropping the car off in front of the house and leaving the keys inside. About an hour later, a drunk driver hits the car causing significant damages. Sam is very upset and sues George for the cost of repair. Using the material you learned in this chapter, discuss the outcome of this case.

Answer 1

*Answer:

Oncce there is palpable harm (be it physical, emotional, or monetary) all elements of a battery are present, and an aggrieved person may file charges.In criminal law, the state will file charges for battery, and the victim becomes a witness for the prosecution. In criminal court, the focus is on the guilt or innocence of the defendant and generally, no damages are available to the victim. However, harm may be so severe that he or she may qualify for assistance through a "victims' compensation fund."Conversely, the victim of a battery may file a civil lawsuit stemming from the same incident, in which the defendant is charged with the tort of battery. In such a case, damages are typically compensatory (a monetary award), along with special relief such as injunctive or punitive. Substantial harm is not required, but nonetheless, there must be palpable harm. Compensatory damages may be for either/both economic and non-economic (emotional) harm.

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