Which of the following is true with regard to the torts of assault and battery?
A) Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages.
B) A person will always succeed with the defence of self-defence even if he used excessive force.
C) Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered.
D) The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries.
E) For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.
Correct Answer:
Verified
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