Understanding Compensatory Damage in Tort Law

Richard's Encounter at the High School Reunion

Richard was at his high school reunion and sees his old basketball rival, Lee. When Lee says something that offends Richard, Richard punches Lee in the face and breaks his nose. Richard committed compensatory damage.

What is compensatory damage?

• In tort law, damages, also called actual damages, are damages awarded by a court equal to the damage suffered by the party.
• If a party's rights are technically violated but no damage or loss has occurred, the court may instead award nominal damages.
• There are three types of damages on which most civil actions are based: compensatory damage, compensatory and punitive damages.
• In most cases, the plaintiff seeks damages for three things: compensation for pain and suffering, medical expenses, and loss of income.
• Pain and distress damages are usually a significant part of jury verdicts in personal injury cases.
• The purpose of damages is to put the victim (plaintiff) in a financial position as if no damage had occurred, and punitive damages are awarded to punish the defendant (culprit).

What tort has Richard committed?

When Lee says something that offends Richard, Richard punches Lee in the face and breaks his nose. In this scenario, what tort has Richard committed?

Final answer:

Richard has committed the tort of assault and battery.

Explanation:

The tort that Richard has committed is the tort of assault and battery. Assault refers to the intentional act that causes a reasonable apprehension of an imminent harmful or offensive contact. In this case, when Lee says something offensive, Richard punches him, which constitutes assault. Battery, on the other hand, refers to the intentional and harmful or offensive physical contact with another person without their consent. Richard's act of punching Lee and breaking his nose qualifies as battery.