Assault and battery (at common law)

Question 1

Assault

Answer 1

Attempted battery or intentional creation of the imminent apprehension of a battery. No actual touching.

Question 2

Battery

Answer 2

Harmful or offensive touching of another person.

Question 3

Consent as a defense (in sports) to battery

Answer 3

Rebuttable if:
1. injury did not occur as a by-product of the game itself
2. D’s conduct not “foreseeable behavior in the play of the game”

Question 4

Assault and battery merger

Answer 4

MPC and most statutes merged both under “assault”