Answered
When Mr. P dropped his wife off at work, Mr. H, the driver behind him, was angered by the slight delay in traffic. Mr. H approached Mr. P's car, called him names, and then punched Mr. P in the nose and mouth area with a closed fist. Mr. H was convicted and sentenced in criminal proceedings for his actions. Given these facts, which of the following is true?
A) Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance.
B) Mr. P could also proceed in a civil action against Mr. H for the tort of battery.
C) Mr. P could ask for special damages, but not for general or punitive damages.
D) Mr. P could not take a civil action because a criminal action had taken place, and the same behaviour or action cannot be the subject matter of both types of proceedings.
E) None of the above is true.
On Aug 03, 2024