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.
Battery is a form of trespass to the person and as such no actual damage (e.g. injury) needs to be proved. Only proof of contact (with the appropriate level of intention or negligence) needs to be made. If there is an attempted battery, but no actual contact, that may constitute a tort of assault.
Battery may refer to:
A tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm. The law allows anyone who is harmed to recover their loss. Tort law is different from criminal law, which deals with situations where a person's actions cause harm to society in general. A claim in tort may be brought by anyone who has suffered loss. Criminal cases tend to be brought by the state, although private prosecutions are possible.
Tort law is also differentiated from equity, in which a petitioner complains of a violation of some right. One who commits a tortious act is called a tortfeasor. The equivalent of tort in civil law jurisdictions is delict. Tort may be defined as a personal injury; or as "a civil action other than a breach of contract."
A person who suffers a tortious injury is entitled to receive "damages", usually monetary compensation, from the person or people responsible — or liable — for those injuries. Tort law defines what is a legal injury and, therefore, whether a person may be held liable for an injury they have caused. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Tort cases therefore comprise such varied topics as auto accidents, false imprisonment, defamation, product liability (for defective consumer products), copyright infringement, and environmental pollution (toxic torts), among many others.
Yorvit Adolfo Torrealba ([ʝorˈβit toreˈalβa]; born July 19, 1978, in Caracas, Venezuela) is a Major League Baseball catcher for the Texas Rangers. He previously played for the San Francisco Giants, Seattle Mariners, Colorado Rockies and San Diego Padres. He bats and throws right-handed.
Torrealba signed with the San Francisco Giants as a minor league free agent on September 14, 1994. He made his major league debut with the Giants on September 5, 2001 as a September call up. Torrealba became the Giants back up catcher for the 2002 season after a strong spring training. During Torrealba's early career, his defensive abilities were his key strength, particularly his ability to throw out baserunners. He had 136 at-bats in 2001 and 200 in 2002.
Yorvit showed some potential, but when Benito Santiago left via free agency in 2003, the Giants opted to trade for A.J. Pierzynski rather than test Torrealba as a full-time player. He continued to serve as the backup catcher when the Giants signed Mike Matheny prior to the 2005 season; in fact, he played less than when Pierzynski was the starter. Torrealba expressed frustration over his lack of playing time to the media more than once, saying he believed he was capable of playing every day. Manager Felipe Alou publicly discussed the possibility of converting Torrealba into a utility player to get him more playing time, but that never came to pass.
Crawling on, disease prays for
An ordinary unmindful, to the next sleep
Sliding down the brightness of the pretense world
My cleverness never been so I'll
Now counting the seconds to the next sleep
And crawling on, disease prays for
I won't deny all my faults
Can feel all my tort
Everything bright, confused and
Spread the falling rain
Searching for, lucidity calls
Moments of light I need, until the next sleep
Striking down the crawling of the people's sins
My emptiness never been so full
Now counting the seconds to the next sleep
And falling on my deepest fear
I won't be ready, for this claim
Can feel all my tort
Everything bright, confused and
Spread the falling rain
Striking down the crawling of the people's sins
My cleverness never been so I'll
Striking down the crawling of the people's sins
I won't deny all of my faults
Can feel all my tort
Everything bright, confused and
Spread the falling rain
Can feel all my tort
Everything bright, confused and