Question

Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery. Define the tort of assault. Define the tort of battery. What would you tell Alex regarding whether he should sue Blake for committing an assault and why? What would you tell Alex regarding whether he should sue Alex for committing a battery and why?

Answer 1

Explanation:

Tort of assault is intentional act which causes reasonable fear of harmful or offensive contact to other. Its an intentional tort since intent required in it.

Tort of battery is an intentional as well as voluntarily done harmful or offensive contact without consent. Battery usually involves actual contact.

Alex need to sue Blake for assault as Blake raised and threatened Alex of hitting with a fist on nose but did not touched him. So intention of just hitting him is enough to prove assault for Alex against Blake.

Alex could not sue Blake for battery since Blake did not touched Alex and in battery one needs to actually touch other person harmfully with intention.