Yes, since Maxwell was injured and the slap was malicious and unconsensual. All the elements of battery have been met.
The Right Response is Option A
This is an example of a Tort.
- A tort is a civil wrong for which a person is legally responsible. A tort is an act or omission that causes harm to another person. When referring to torts, the terms "injury" and "harm" refer to the violation of a person's legal rights, respectively, and the actual loss or pain that person really experiences.
Accidental accidents that cause harm to people, property, or finances are known as unintentional torts. An unintended tort occurs when the individual who caused the accident did so unintentionally and often as a result of their lack of caution.
To Learn more about Torts, click the links.
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Complete Question - George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?
A. Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
B. Yes, because George reasonably should have known that Maxwell would choke on the coffee.
C. No, because Maxwell was not seriously harmed.
D. No, because the slap was friendly and not meant to cause harm.
