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OH3MGSVT

OH3MGSVT

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S

SpdKilz

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SRNA said:
I disagree. A decent lawyer would sue the snowman for battery.
Click to expand...

Absolutely not. That lawyer would then get in trouble for bringing a frivolous lawsuit. Battery must consist of each of these elements:
1. Harmful or offensive contact;
2. To P’s person;
3. Intent;
4. Causation

Did you see Mr. Snowman touch the guy? And in addition, there was no assault either.

As with battery, assault must consist of each of these elements:
1. Act by D creating a reasonable apprehension in P;
2. Of immediate harmful or offensive contact to P’s person;
3. Intent; and
4. Causation

The snowman turned. The snowman did not create a reasonable apprehension in the guy of any type of immediate or harmful physical contact. Also, the snowman obviously did not intend any harm toward the guy. Your “best” bet would to try and state the snowman created intentional infliction of emotional distress though his conduct was not extreme and outrageous.

End of story, a good lawyer would not bring either of the two listed charges against the snowman (okay, I'm done - don't want to take this to smackdown - it just intrigues me how many people have misconceptions about assault and battery).
 
Last edited:
Sinister04L

Sinister04L

RIP Kane
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SpdKilz said:
Absolutely not. That lawyer would then get in trouble for bringing a frivolous lawsuit. Battery must consist of each of these elements:
1. Harmful or offensive contact;
2. To P’s person;
3. Intent;
4. Causation

Did you see Mr. Snowman touch the guy? And in addition, there was no assault either.

As with battery, assault must consist of each of these elements:
1. Act by D creating a reasonable apprehension in P;
2. Of immediate harmful or offensive contact to P’s person;
3. Intent; and
4. Causation

The snowman turned. The snowman did not create a reasonable apprehension in the guy of any type of immediate or harmful physical contact. Also, the snowman obviously did not intend any harm toward the guy. Your “best” bet would to try and state the snowman created intentional infliction of emotional distress though his conduct was not extreme and outrageous.

End of story, a good lawyer would not bring either of the two listed charges against the snowman (okay, I'm done - don't want to take this to smackdown - it just intrigues me how many people have misconceptions about assault and battery).
Click to expand...

I think you took his post a little too seriously. :poke:
 

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