Battery is a tort that can be intentional, strict liability or negligence. It can also be charged as a felony and result in a civil suit for bodily harm. The degree of force used is irrelevant in a civil suit and compensation is awarded based on damages suffered by the victim. Consent and self-defense are common defenses against tort.
Liability law is the area of law that deals with physical, emotional, and property injury. There are three basic types of torts recognized in most legal systems. Torts can be intentional, strict liability or negligence. Battery is generally considered to be an intentional or negligent tort. Battery tort, or battery tort, usually requires intentional or negligent touching of another person that results in bodily harm.
Battery can also be charged as a felony in many jurisdictions. When battery is charged as a felony, the defendant can face jail time accordingly. In many cases, the victim of a battery also has the option of bringing a civil suit against the defendant for bodily harm caused as a result of the wrongful act of battery. Often, a criminal court conviction for the misdemeanor battery can actually be used as evidence against the defendant in a tort lawsuit.
A significant difference between the criminal charge of battery and the tort of battery is that, in a civil suit, the degree of force used to commit battery is irrelevant. In a criminal case, there are often battery levels depending on the force used or if a weapon was involved. In a civil tort suit, gently nudging someone is like hitting someone with a weapon. In most cases, the legal issue is whether the contact was intentional; however, in some jurisdictions, tort may be shown by displaying negligent touch.
The other important difference between battery offense and battery offense is that, unlike in a criminal case where the defendant faces jail time, in a civil case, the focus is on the damages suffered by the victim. As such, the victim will receive monetary compensation if he wins a civil case. The amount of compensation will depend on a number of factors, including the severity of the contact, the actual physical injuries sustained, as well as the emotional impact of the battery.
A defendant facing a tort lawsuit may have a defense for the lawsuit. In most jurisdictions, consent and self-defense are the most common defenses against tort. Consent is used when the respondent claims that the contact was consensual; for example, in a sexual battery lawsuit. Self-defense is presumed in situations where the defendant claims that he has been threatened by the victim and that he has no other reasonable choice but to protect himself by committing battery.
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