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ASSAULT & BATTERY: DEFINITION

     Any intentional attempt or threat to inflict injury upon the person of another when coupled with an apparent present ability to do so and an intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an "assault."

     Any intentional use of force upon the person of another is a "battery," so the least intentional touching of the person of another if accompanied by an intentional use or display of force such as would give the victim reason to fear or expect immediate bodily harm constitutes a battery.

     Not every use of force is necessarily an assault and battery.

     It is only when the use of such force is an unnecessary and unwarranted violation of a person that assault and battery occurs.

 Devitt & Blackmar, Section 75

 

 

 

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