Asked by Elisa Davis on Jul 28, 2024
Verified
When Mr. P dropped his wife off at work, Mr. H, the driver behind him, was angered by the slight delay in traffic. Mr. H approached Mr. P's car, called him names, and then punched Mr. P in the nose and mouth area with a closed fist. Mr. H was convicted and sentenced in criminal proceedings for his actions. Given these facts, which of the following is true?
A) Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance.
B) Mr. P could also proceed in a civil action against Mr. H for the tort of battery.
C) Mr. P could ask for special damages, but not for general or punitive damages.
D) Mr. P could not take a civil action because a criminal action had taken place, and the same behaviour or action cannot be the subject matter of both types of proceedings.
E) None of the above is true.
Tort Of Battery
A legal claim brought against an individual for causing unconsented physical contact or harm to another person.
Tort Of Nuisance
A legal wrong arising from the use of one's property in a manner that causes annoyance, inconvenience, or damage to others.
Special Damages
Monetary compensation awarded by a court to cover actual expenses and calculable pre-trial losses.
- Grasp the significance and limitations of tort law in compensating those affected.
- Understand the legal outcomes subsequent to tortious actions.
Verified Answer
ZK
Zybrea KnightAug 03, 2024
Final Answer :
B
Explanation :
Battery involves intentional and harmful or offensive physical contact with another person without their consent. Mr. H's action of punching Mr. P fits the definition of battery, allowing Mr. P to pursue a civil action for damages.
Learning Objectives
- Grasp the significance and limitations of tort law in compensating those affected.
- Understand the legal outcomes subsequent to tortious actions.