A battery occurs only if the victim suffers physical harm?
"Any intentional, unexcused act that creates in anotherperson a reasonable apprehension or fear of immediateharmful or offensive contact is an assault. Apprehensionis not the same as fear. If a contact is such that a reasonableperson would want to avoid it, and if there is a reasonablebasis for believing that the contact will occur,then the plaintiff suffers apprehension whether or not heor she is afraid. The interest protected by tort law concerningassault is the freedom from having to expectharmful or offensive contact. The occurrence of apprehensionis enough to justify compensation.The completion of the act that caused the apprehension,if it results in harm to the plaintiff, is a battery,which is defined as an unexcused and harmful or offensivephysical contact intentionally performed. For example,suppose that Ivan threatens Jean with a gun, then shootsher. The pointing of the gun at Jean is an assault; the firingof the gun (if the bullet hits Jean) is a battery. Theinterest protected by tort law concerning battery is theright to personal security and safety. The contact can beharmful, or it can be merely offensive (such as an unwelcomekiss). Physical injury need not occur. The contactcan involve any part of the body or anything attached toit, such as a hat or other item of clothing, a purse, or achair or an automobile in which one is sitting. Whetherthe contact is offensive or not is determined by the reasonableperson standard.2 The contact can be made by thedefendant or by some force the defendant sets inmotion-for example, a rock thrown, food poisoned, or astick swung."2. The reasonable person standard is an objective test of how a reasonableperson would have acted under the same circumstances.Chapter 4 - Torts and Cyber Torts from Fundamentals of Business LawFor updated links to resources available on the Web, as well as a variety of other materials,visit this text's Web site athttp://fbl.westbuslaw.comYou can find cases and articles on torts, including business torts, at the Internet LawLibrary's Web site athttp://www.lawguru.com/ilawlib/110.htmFor information on the Restatements of the Law, including the Restatement (Second) ofTorts and the Restatement (Third) of Torts: Products Liability, go to the Web site of theAmerican Law Institute athttp://www.ali.org
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