izzy can sue FARO for the throws at heylie, but misses and hits izzy instead.
- In this case where we can see that while Faro did not have an intention to hit Izzy with the empty gas can, he did commit the act intentionally and there was the apprehension of such harm to occur. Therefore, while the criminal intention of Faro to hit Izzy was absent, the harm still occurred. Hence Izzy can sue Faro for the tort of battery.
- In civil and criminal law, “battery” is an application of force (or intentional touching) to the body of a person in an offensive or harmful manner and without the person’s consent. A battery is committed by an individual when he or she acts intentionally to cause offensive contact or harm.
- The battery is also caused when the intentional action of a person is a cause of imminent apprehension of such harm and contact, and the offensive contact and harm occurs. According to the law of battery (and the tort of battery), an offender may both face criminal as well as civil liability charges for a single battery act.
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