Kinesiology 4473A/B Lecture Notes - Lecture 3: Punitive Damages, No Age
13 Jan 2020
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Defendant turns and hits plaintiff in face with stick. Plaintiff falls unconscious, loss of vision in right eye. This is an appeal court: queen"s bench is almost always an appeal court took place 3 years before the time that it happened (hard to recollect details) Says he has no recollection of it. On the list of the elements of battery, this crosses off intent and volition. No apprehension but doesn"t matter because battery occurred independently of the assault anyhow. Decreased damages by 1/3 due to provocation: provocation isn"t a defense, its mitigation. Occurred in 1981 and trial was in 1986. One of witnesses suggested that it was the worst hit she"d ever seen. Witness examined officials and was experienced (level 4-5) Clear that there was some form of intent. Rules that the hit was likely late: rules in civil court rest on the balance of probability.
