ASSAULT AND BATTERY

Assault is a threat against a person, and battery is physical attack. For example, a person who waves a fist in front of another person and threatens to beat that person is guilty of assault; a person who strikes another person with a fist is guilty of battery. The victim can sue the assailant for damages, and the state may also prosecute for misdemeanor.

In a civil case alleging assault, the victim must prove that he or she was in imminent danger of injury or had reason to think so. Abusive language alone does not constitute an assault. Threatening with a pistol may be an assault, even if the weapon is unloaded. In a case of battery the amount of contact is unimportant, for any touching of another person in an angry, vengeful, rude, or insolent manner constitutes a battery.

FRAUD

Fraud is an intentional untruth or a dishonest scheme used to take deliberate and unfair advantage of another person or group of persons. It includes any means, such as surprise, trickery, or cunning, by which one cheats another.

Courts have distinguished two types of fraud, actual fraud and constructive fraud. Actual fraud is intentional criminal deception for the purpose of inducing another to part with something of value, to acquire something of less than apparent value, or to surrender a legal right. Schemes specifically intended to cheat someone, such as selling shares in nonexistent plots of land, are actual frauds. Constructive frauds are words, acts, or omissions that tend to mislead or deceive someone or violate a confidence but that are not necessarily of malicious intent. Selling a house while forgetting to mention a chronically malfunctioning heating system is an example of constructive fraud.

Usually, the victim of fraud may sue the wrongdoer and recover the amount of damages caused by the fraud or deceit. But the victim must be able to prove damages.

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