<P> In the United Kingdom, plaintiffs in professional negligence cases have some degree of choice in which law while in commercial transactions contract law applies; in unusual cases, intangible losses have been awarded in contract law cases . </P> <P> In the United States, the pure economic loss rule has been used to "mark the boundary" between tort and contract law cases and courts may consider a case which involves both causes to fall under only one area of law . This "economic loss rule" was adopted by the Supreme Court of the United States East River Steamship Corp V Transamerica Delaval Inc. (1986) and has expanded across the country in a non-uniform manner, leading to confusion . Among other examples, the tort of insurance bad faith arises out of a contractual relationship, and "collateral torts" such as wrongful dismissal involving possible overlap with labour law contracts . </P> <P> There is some overlap between criminal law and tort . For example, in English law an assault is both a crime and a tort (a form of trespass to the person). A tort allows a person, usually the victim, to obtain a remedy that serves their own purposes (for example by the payment of damages to a person injured in a car accident, or the obtaining of injunctive relief to stop a person interfering with their business). Criminal actions on the other hand are pursued not to obtain remedies to assist a person--although often criminal courts do have power to grant such remedies--but to remove their liberty on the state's behalf . This explains why incarceration is usually available as a penalty for serious crimes, but not usually for torts . In early common law, the distinction between crime and tort was not distinct . </P> <P> The more severe penalties available in criminal law also means that it requires a higher burden of proof to be discharged than the related tort . For example, in the O.J. Simpson murder trial, the jury was not convinced beyond reasonable doubt that O.J. Simpson had committed the crime of murder; but in a later civil trial, the jury in that case felt that there was sufficient evidence to meet the standard of preponderance of the evidence required to prove the tort of wrongful death . </P>

Which of the following is not a defense available for an action of battery