Reference no: EM133460047
Questions: Read the following excerpt from the book (italicized) and summarize it in 5 sentences or less. use your own words or remove unnecessary words or sentences from the excerpt. This is a chance to practice employing 3 C's in legal writing (Concise, Clear and Complete).
Battery occurs when the defendant's acts intentionally cause harmful or offensive contact with the victim's person. Battery in tort law, unlike criminal law, is exclusively intentional. Accidental contact, in contrast, must be analyzed under negligence or strict liability.
Battery has historically compensated not only harmful contact but also offensive contact. Hence, the tort from its earliest origin in English common law has recognized the validity of compensating psychological as well as physical injury. Indeed, by grouping offensive and harmful contact together as one tort, the tort declines to delineate what many even today would argue are at least two distinct kinds of wrongs.
Protection from unlawful contact readily appears to be a basic right worthy of recognition in tort law. Morally, such affronts are difficult to justify. From a deterrent perspective, legal redress discourages wrongful contact and violent retaliation. The historic willingness of courts to compensate for merely offensive contacts represents an extremely early acknowledgment that psychological injury is worthy of compensation. Contemporary observers of tort law may be wary of extending compensation, however small, to trivial contacts. On the other hand, where a plaintiff's interest in vindication is sufficiently significant to justify the transactional costs of a lawsuit, the risk of alternative extralegal remedies may justify the tort remedy. For example, if A spits on B, the opportunity to sue for battery may discourage a more violent retaliation for B's psychological injury.
Demonstrate an understanding of different markets
: University of East London - Demonstrate an understanding of different markets and sources of finance; and the role of budgeting in an organisation
|
Identify and critically analyse four main risks associated
: Identify and critically analyse four main risks associated with the project and advise International on how they may be mitigated.
|
What are the strengths and weaknesses of the current health
: What are the strengths and weaknesses of the current health IT standards identification and development process, and what should the top standards-related
|
Describe the ethical issues law enforcement faces
: Describe the ethical issues law enforcement faces as it relates to their obligations to not violate due process rights, but to also meet their obligations
|
What many even today would argue are at least two distinct
: justify the tort remedy. For example, if A spits on B, the opportunity to sue for battery may discourage a more violent retaliation for B's psychological injury
|
Why do the authors label this as theoretical framework
: Name and summarize this theory. Why do the authors label this as a theoretical framework and not a conceptual framework?
|
Critically evaluate current theoretical approaches
: LC663 Body, Culture and Society, Buckinghamshire New University - Demonstrate critical evaluation of the widening scope of science and medicine
|
How an individual can file documents electronically
: Referring to the Rules of Small Claims Court provide the rule number that indicates how an individual can file documents electronically?
|
What is systemic homophobia
: What is systemic homophobia, its impacts, and how can we fight it? What is systemic sexism, its impacts, and how can we fight it?
|