When a person says "I am going to hit you!" and immediately smacks the other person on the cheek, resulting in a cut, he/she has

A) committed the tort of assault.
B) committed the tort of battery.
C) committed the tort of negligence.
D) committed the torts of assault, battery and negligence.
E) committed the torts of assault and battery.

The person has committed both assault and battery. Assault is the act of creating apprehension of an imminent harmful or offensive contact, and battery is the actual physical contact that causes harm. The statement "I am going to hit you!" creates the apprehension (assault), and the act of smacking the person on the cheek, resulting in a cut, is the harmful physical contact (battery). Negligence is not involved in this scenario as it involves a failure to take reasonable care to avoid causing injury or loss to another person, which is different from the intentional acts described.