MGSC30H3 Study Guide - Malicious Falsehood, Perfect Competition, Qualified Privilege
Document Summary
Assault-a threat of violence or injury to a person. Battery- the unlawful touching or touching of another person. Although in court, the two terms can be used interchangeably the distinction between the two is still very important because not every application of force by one person or another is a battery within the meaning of law. For the battery to be actionable, it must be applied with the intention of causing harm. Where it does not cause harm, it must be done without consent, in anger, or accompanied by a threat of injury or violence in order to constitute a tort. In some cases, a battery need not be violent. It is sufficient for it to be any situation that involved the touching of a person without consent in such a way that recipient of such action is injured. The damages that courts may award in assault and battery cases are designed to compensate the plaintiffs for the injuries suffered.
