Question

The tort of battery can be committed against someone who is asleep or unconscious, but the tort of assault cannot. Explain.

a) Battery requires physical contact, while assault requires the apprehension of imminent harm.
b) Assault requires physical harm, while battery requires the threat of harm.
c) Both assault and battery require physical contact.
d) The distinction between assault and battery is arbitrary and does not depend on the victim's state.

Answer 1

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Step-by-step explanation:

Answer 2

Battery can be committed against someone who is asleep or unconscious because it requires physical contact without consent, not the victim's awareness. Assault, however, requires the victim to be conscious to experience apprehension of imminent harm, which is impossible if they are unaware.

Step-by-step explanation:

The tort of battery is committed when there is intentional physical contact without consent, regardless of whether the victim is awake or not. On the other hand, the tort of assault requires the victim to have an apprehension of imminent harm, which is not possible if the victim is unaware of the threat due to being asleep or unconscious. Therefore, only battery can be committed against someone who is not conscious because it does not require the victim's awareness of the contact.