For help in completing this form, click on the yellow question marks for instructions. II. Prima facie elements of torts: a.A critical introduction to the skills. To understand why tort may need reform, it is first necessary to understand how tort works. A tort is usually defined as a wrong for which the law will provide a remedy, most often in the form of money damages. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. Introduction. This pamphlet is intended as a general guide to assist a person in prosecuting a civil matter in the Appellate Division, Second Department. In New York, tortious battery is defined as an intentional unwanted touching. The torts of battery and assault are distinguishable from each other. The most common defenses against the intentional torts are consent and self-defense.