Section 2.26 Provocation
| Library | Tort Law 2016 |
H. (§2.26) Provocation
Provocation is not an absolute defense to a claim of assault and battery, but it may serve as a defense to defeat a plaintiff’s right to punitive damages. See Fordyce v. Montgomery, 424 S.W.2d 746 (Mo. App. S.D. 1968). "[T]he provocation must have occurred at the time of the assault, or so recently as to warrant an inference that the defendant was still laboring under the excitement caused by it." Bond v. Williams, 214 S.W. 202, 204 (Mo. 1919). An old line of Missouri cases hold that...
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