Assault and battery Coursework Example | Topics and Well Written Essays - 250 words

Assault and battery - Coursework Example It is clear that contact sports imply random injuries. The difference is that when injuries are the result of deliberate, unfair, unacceptable and excessive use of violence, it becomes assault and/or battery, depending on the result. This is the case of aggressive players. In order to establish the existence of assault, the next test is applied: 1. Intentional, unlawful threat to hurt somebody; 2. The threatened person felt a well motivated fear of imminent attack and 3. The possibility of realizing the threat is undoubtful. A similar test is applied in order to establish battery: 1. The existence of a violent act towards the plaintiff; 2. The defendant willingfully used the violence and 3. The causation: the violent act hurt the plaintiff. Therefore, I believe that the user of a deliberate elbow to the face or a knee to the groin in basketball, the deliberate use of spikes by a runner in baseball, eye gouging in football, or other violence that causes unnecessary injuries in sports can be held liable for assault and/or battery, the key words in all this being deliberate and unnecessary.