What distinguishes battery from assault?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Battery is defined as the actual infliction of harmful or offensive contact with another person, which means that for an action to qualify as battery, there must be some form of physical contact or harm inflicted. In contrast, assault refers to the act of creating a reasonable apprehension in another person of imminent harmful or offensive contact. In this context, the distinction lies in the outcome of the actions: assault can occur without any physical contact, as it is focused on the threat or attempt to cause harm, whereas battery requires that such harm has actually been inflicted.

Recognizing that assault is about the threat and potential harm, while battery involves the completed act of harm, allows for a clearer understanding of these two concepts in tort law. Hence, the correct choice emphasizes this critical distinction between the attempt to inflict harm and the actual harm that occurs.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy