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Supplemental Terms in Torts
Supplemental Terms in Torts
Note that you can have an assault without a battery and a battery without an assault. These are the
generally accepted legal definitions. However, some criminal statutes use these interchangeably. Some
sates refer to sexual assault, when they are punishing a battery.
Misrepresentation – making a false statements or representation that the victim relies on to his or her
detriment and suffers damages as a result.
Fraud – intentionally making a false statements or representation that the victim relies on to his or her
detriment and suffers damages as a result.
Note that the difference is the intent. The difference between the two is that to prove fraud, you must
show an intent to give false information, so as a legal matter, it is more difficult to prove.