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Compare and Contrast

Compare and Contrast the following concepts:

Assault and battery
Public nuisance and private nuisance
Intentional tort and negligence
Negligence, strict liability and product liability in tort

Solution Preview

Use has been made of material at the following sites:
http://www.expertlaw.com/library/personal_injury/assault_battery.html
http://laag.org/KnowTheLaw.pdf
https://www.abanet.org/rppt/mo/premium-rp/publications/journal/2000/summer/zuckerman.pdf

Assault and battery

In the context of criminal law, "assault and battery" are typically components of a single offense. In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching. The wrongful touching need not inflict physical injury, and may be indirect (such as contact through a thrown stone, or spitting).

If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

Public nuisance and private nuisance

Nuisance is made up of two separate torts, public nuisance and ...

Solution Summary

The solution compares and contrasts: 1) Assault and battery, 2) Public nuisance and private nuisance, 3) Intentional tort and negligence, 4) Negligence, strict liability and product liability in tort

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