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SVTPerformance's Chain of Restaurants
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NWS Pics that make you :lol: every time you see them NWS
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<blockquote data-quote="SpdKilz" data-source="post: 11033287" data-attributes="member: 43332"><p>Absolutely not. That lawyer would then get in trouble for bringing a frivolous lawsuit. Battery must consist of each of these elements:</p><p>1. Harmful or offensive contact;</p><p>2. To P’s person;</p><p>3. Intent;</p><p>4. Causation</p><p></p><p>Did you see Mr. Snowman touch the guy? And in addition, there was no assault either.</p><p></p><p>As with battery, assault must consist of each of these elements:</p><p>1. Act by D creating a reasonable apprehension in P;</p><p>2. Of immediate harmful or offensive contact to P’s person;</p><p>3. Intent; and</p><p>4. Causation</p><p></p><p>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.</p><p></p><p>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).</p></blockquote><p></p>
[QUOTE="SpdKilz, post: 11033287, member: 43332"] 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). [/QUOTE]
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