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

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


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



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.


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.


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.


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.


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