Skip to main content

Assault & Battery under Law of Torts by Mayurakshi Sarkar at Lexcliq

 Assault & Battery under Law of Torts by Mayurakshi Sarkar at Lexcliq


Introduction

Torts are civil wrongs committed by individuals or legal bodies. Tort has two main goals.

One is to compensate victims of civil wrongs for their losses, damages, or injuries. Damages

are the most prevalent tort remedy. Tort also serves as a deterrence by requiring the tortfeasor

to provide a remedy. A tort suit has three essential components. To begin, it must

be established that the defendant committed a wrongdoing (a failure to act)

Next, it must be shown that the claimant was harmed, damaged, or somehow

affected by the incident. It must also be shown that the defendant owed

something to the plaintiff but failed to do so, so establishing the plaintiff's

liability.

Assault

To attack is to threaten or attempt to inflict bodily harm on another person, as well as to have

the apparent physical ability and purpose to carry out the conduct in question. There is no

need for physical contact during an assault. Threats that do not involve actual physical harm

are not assaults; they must be accompanied by means to put them into action. Assault in law

is defined as "any gesture calculated to excite, in the party threatened, a reasonable

apprehension that the party threatening intends immediately to offer violence, or, in the

language of the Indian Penal Code, is about to use criminal force to the person threatened" if

it is coupled with the present ability to carry out such an intention.

An assault is made by both the intent and the action. Since there is no purpose to assault in

such a remark as "I'm going to hit your hand," it's not considered an assault, but it is an

assault if he holds up his hand to another and says nothing, which is the same as an assault

when he intends to attack but misses.

Elements of Assault

First, the plaintiff must have been aware of an impending bodily touch; second, the plaintiff

must have had a reasonable expectation of such contact; and third, the defendant's

interference must be intentional. However, civil assault intent can be both general and

specific. This means that the defendant acted with a specific intent to elicit fear of danger or

unwanted contact when he or she did so. To say that someone was acting with general intent,

the accused must have known that their actions would raise suspicions about a potentially

harmful or unwanted interaction. While each state's laws differ, it's common for contact to be

considered harmful if it's done with the intent to hurt, deform, impair, or create discomfort.

If the act offends a reasonable person's sense of personal dignity, it is considered offensive.

As a general rule, imminence means that there is little to no room for intervention, even if the


specific facts are different. Last but not least, it is important to distinguish between the

condition of apprehension and general fear, as apprehension needs only that a person is aware

that an act is imminent.

Battery

The purposeful and direct application of any physical force to another person is known as

battery. A rude, furious, vindictive, or insolent act of striking or touching another individual.

An assault is an overt act indicating an immediate intention to conduct a battery. It differs

from an assault in that it requires physical touch to complete. It includes all circumstances

where a party is struck by a missile hurled by another. It doesn't matter if the force is applied

directly to the human body or something around. To prove battery, the plaintiff must show

that the force used was unjustified.

Water thrown at a person is an assault; water falling on him is a battery. The act of riding a

horse at a person is considered an assault. Pulling a chair away from a person preparing to sit

on it is assault until he reaches the floor, and then it is violence. Assault is a popular phrase

for battery. But hand-laying isn't a battery. Consider the party's aim. Touching someone just

to call them isn't a battery.

Elements

In order to establish a case for battery, the following criteria must be met: A

defendant's action; (2) the defendant's purpose to damage or offend the plaintiff;

and (3) the plaintiff's interaction with the defendant.

Conclusion

Battery is a deliberate tort that involves causing unconsented harm to another person or their

property. In the case of batteries, physical contact is vital since batteries cannot be built

without it. Since avoiding daily physical interaction with others is nearly difficult. To be a

battery, physical contact must damage or offend. So, to be liable for battery, one must intend

to continue performing an act that harms another, and the act must involve any physical

behavior or touch. The touch must harm the individual in some way, and the conduct must be

illegal. Also, the victim must be unaware of the conduct, implying that the victim has given

consent. This is a battery.

Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...