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Alabama Tort Law
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-28 Alabama Tort Law 28.syn


Title

Assault and Battery

Author

Gregory S. Cusimano;; Michael L. Roberts

Chapter Summary


ABSTRACT TEXT:

This chapter from Alabama Tort Law covers the tort of assault and battery, which is any touching by one person of the person or clothes of another in rudeness, anger, or a hostile manner. The chapter explains that words by themselves will not constitute an assault, but they may give meaning to an act and coupled with that act may constitute an assault. It also notes that the act of battery requires an actual touching, but it is not necessary that there be an actual injury to the body. The chapter further describes the required intent element of the tort, differentiating among intent to injure, intent to touch, and negligent touching.

Next, the chapter examines the defense of privilege, where a defendant otherwise liable for assault and battery avoids liability because he was acting under some privilege, authority, or duty. It provides examples of situations in which the defense may apply, such as those involving the police and arrestees, teachers and students, and employers and employees. The chapter also covers the defense of consent, which may apply in cases involving medical treatment. The chapter notes that consent may be implied in law when an emergency situation mandates treatment and a patient is incapable of giving it. It then reviews scenarios where the defendant argues that the plaintiff provoked him and that he responded in self-defense.

Finally, the chapter discusses the nominal, actual or compensatory, and punitive damages that may be available in actions for assault and battery.

Alabama Tort Law (Matthew Bender) is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.

CORE TERMS:

Alabama,assault and battery,assault,battery,touch,touching,negligence,negligent,negligent touching,intent,intent to injure,intent to touch,privilege,discretionary function immunity,police,excessive force,consent,implied consent,provocation,self-defense,nominal damages,compensatory damages,punitive damages

RELATED CHAPTERS: (View)

For more information on negligence and intent, see Chapter 1, Negligence, and Chapter 3, Wantonness and Willfulness.

For more information on actions against the police, see Chapter 34, Tort Claims against Municipalities and Other Governmental Entities.

For more information on damages, see Chapter 40, Compensatory Damages; Chapter 41, Compensatory Damages for Injured Property Interests; and Chapter 42, Punitive Damages.

For information on the sufficiency of evidence and burdens of proof, see Chapter 44, Evidentiary Issues in Torts.

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See Police Civil Liability (Matthew Bender) for a comprehensive guide to the personal injury and civil rights aspects of police misconduct, with coverage of negligence during police emergencies, false arrest and imprisonment, misuse of weapons, assault and battery, malicious prosecution, Section 1983 and other federal civil rights actions, duty to protect citizens and property, and immunity.

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