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When Mr P Dropped His Wife Off at Work, the Driver

Question 29

Multiple Choice

When Mr. P dropped his wife off at work, the driver behind him, Mr. H, angered by the slight delay in traffic, 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 action. Given these facts, which of the following is true?


A) 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.
B) Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance.
C) Mr. P could also proceed in a civil action against Mr. H for the tort of battery.
D) Mr. P could ask for special damages, but not for general or punitive damages.

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