Todd has asked Lily to get off his land. Lily refuses and becomes belligerent. She waives her fists at Todd and attempts to kick him. Todd walks toward Lily, grabs her arms, twists her arms behind her back and holds them there, and forcibly ejects her from his property. Lily falls to the street and sues Todd for assault and battery. In most jurisdictions, will Todd be held liable for assault and battery?

Question

10-10-2019
Social Studies

contestada

Todd has asked Lily to get off his land. Lily refuses and becomes belligerent. She waives her fists at Todd and attempts to kick him. Todd walks toward Lily, grabs her arms, twists her arms behind her back and holds them there, and forcibly ejects her from his property. Lily falls to the street and sues Todd for assault and battery. In most jurisdictions, will Todd be held liable for assault and battery?

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karinau karinau · Answer 1 · 2019-10-11T22:59:29+02:00

Answer: Todd has asked Lily to get off his land. Lily refuses and Tom forcibly ejects her from his property. Lily falls to the street and sues Todd for assault and battery. Todd be held liable for assault and battery.

Explanation: The definition of assault is to attempt to injure another person through violence or force, to injure or harm . There is no need any contact for an assault , but the victim must feel fear for his/her safety.

To demand someone for assault and battery some points are neccesary like :

The defendant must have touched the person of the alleged victim with the intention of touching her/him.
This action may cause bodily harm to the alleged victim.

In this case we cannot say that is legitimate defense. Because even if Lily refuses and becomes belligerent Todd should first try to solve the problem in a legal way in order to don `t get to the point where he is in a fight and to prove many of the points to be taken as a case of defense ( the need of defense ,witnesses , ...)