Battery (tort)

At common law, battery is the tort of intentionally (or, in Australia, negligently) and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (e.g. a hat, a purse). Unlike assault, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), or the contact may be by an object brought about by the tortfeasor. For example, the intentional contact by a car is a battery.

Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is severely beating someone with a tire iron. Neither is there a separate tort for a battery of a sexual nature. However, a jury hearing a battery case is free to assess higher damages for a battery in which the contact was particularly offensive or harmful.

Since it is practically impossible to avoid physical contact with others during everyday activities, everyone is presumed to consent to a certain amount of physical contact with others, such as when one person unavoidably brushes or bumps against another in a crowded lift, passage or stairway. However, physical contact may not be deemed as consented to if the acts that cause harm are prohibited acts.

Battery Park

Battery Park is a 25-acre (10 ha) public park located at the southern tip of Manhattan Island in New York City, facing New York Harbor.

Name

The area and park are named for the artillery batteries that were positioned there in the city's early years to protect the settlement behind them.Battery Park City was named after the area.

In 2015, the New York City Department of Parks and the Battery Conservancy announced that the park would revert to its historic name, The Battery.

History

The southern shoreline of Manhattan Island had long been known as "The Battery," and has been a popular promenade since the 17th century. At the time, an artillery battery there served as protection to the town. The Battery was the center of Evacuation Day celebrations commemorating the departure of the last British troops in the United States after the American Revolutionary War. Just prior to the War of 1812, the West Battery, later renamed Castle Clinton, was erected on a small artificial offshore island nearby, to replace the earlier batteries in the area; later, when the land of Battery Park was created, it encircled and incorporated the island.

Master of Puppets

Master of Puppets is the third studio album by American heavy metal band Metallica, released on March 3, 1986 by Elektra Records. Recorded at the Sweet Silence Studios with producer Flemming Rasmussen, it was the first Metallica album released on a major label. Master of Puppets was the band's last album to feature bassist Cliff Burton, who died in a bus crash in Sweden during the album's promotional tour. The album peaked at number 29 on the Billboard 200 and became the first thrash metal album to be certified platinum. It was certified 6× platinum by the Recording Industry Association of America (RIAA) in 2003 for shipping six million copies in the United States. The album was eventually certified 6× platinum by Music Canada and gold by the British Phonographic Industry (BPI).

Master of Puppets was released to critical acclaim and has been included in several publications' best album lists. Its driving, virtuosic music and angry, political lyrics drew praise from critics outside the metal community. The album is considered the band's strongest effort of the period, and is one of the most influential heavy metal albums. Critics credit it for consolidating the American thrash metal scene with its atmospheric and meticulously performed songs. Many bands from all genres of heavy metal have covered the album's songs, including tribute albums.

Artillery battery

In military organizations, an artillery battery is a unit of guns, mortars, rockets or missiles so grouped in order to facilitate better battlefield communication and command and control, as well as to provide dispersion for its constituent gunnery crews and their systems. The term is also used in a naval context to describe groups of guns on warships.

Land usage

Historically the term "battery" referred to a cluster of cannon in action as a group, either in a temporary field position during a battle or at the siege of a fortress or a city. Such batteries could be a mixture of cannon, howitzer, or mortar types. A siege could involve many batteries at different sites around the besieged place. The term also came to be used for a group of cannon in a fixed fortification, for coastal or frontier defence. During the 18th century "battery" began to be used as an organizational term for a permanent unit of artillery in peace and war, although horse artillery sometimes used "troop" and fixed position artillery "company". They were usually organised with between six and 12 ordnance pieces, often including cannon and howitzers. By the late 19th century "battery" had become standard mostly replacing company or troop.

Tort

A tort, in common law jurisdictions, is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.

Legal injuries are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Torts comprise such varied topics as auto accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution (toxic torts). While many torts are the result of negligence, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence.

Tortí

Tortí is a corregimiento in Chepo District, Panamá Province, Panama with a population of 9,297 as of 2010. It was created by Law 58 of July 29, 1998, owing to the Declaration of Unconstitutionality of Law 1 of 1982. Its population as of 2000 was 8,030.

References

Conflict of tort laws

In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.

History

The first attempts to establish a coherent choice of law rule for tort cases involving a foreign law element varied between favouring the lex fori (i.e. the law of the court) and the lex loci delicti commissi (i.e. the law of the place where the tort was committed). The public policy of territorial sovereignty was always the principal consideration. Hence, the forum courts claimed their right to apply their laws to determine whether any lawsuit initiated in their jurisdiction allowed a remedy. Equally, it is the commission of a tort that vests a right of action in a claimant and therefore, it should always be for the law of the place where that right was created to determine the extent of any remedy flowing from it. In the end, a compromise emerged where the lex loci delicti was the first point of reference but courts retained a discretion to substitute the lex fori if the foreign law was deemed unfair and other practical considerations pointed to the application of forum law.