Assault, battery and false imprisonment


TRESPASS IN TORTS

. Trespass means an unlawful act committed against the property of another person and also against another person also. Trespass can be categorized as:

Trespass to Property o Trespass to Land (Immovable property) o Trespass to Movable property

Trespass to Person
Assault
Battery
False imprisonment

BATTERY
. The wrong of battery consists in intentional application of force to another person without any lawful justification.

Use of Force Without Lawful Justification.

Stanley v. Powell (1891)
In Stanley v Powell [1891] 1 QB 86 (QBD)]
In this case plaintiff and defendant gonna shooting over there a defendant should adultery but the bullet Re bounces and hit the plaintiff due to which the plaintiff got injuries. The court held that it was not the intention of the defendant to hurt the plaintiff neither did he foresee the bullet that it will rebounds and will injured him and if I had foreseen the bullet he couldn’t stop it from coming. This is an Inevitable accident case.

ASSAULT
Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant.

Only the act of the defendant doesn’t constitute assault, The defendant should also have a prima facie ability to do the harm.

Stephens v. Myers (1830)
In this case, the Claimant was a chairman at a meeting and he sat at a table where the Defendant was sat. The room was gathered with people. The Defendant was disruptive and a motion was passed that he should leave the room. The Defendant said he would rather pull the chairman out of his chair and immediately advanced with his fist clenched towards the Claimant but was stopped by the man sat next to the chairman. It seemed that his intention was to hit the Claimant. The Defendant argued that there was no assault as he had no power to carry out his threat as there were people in between. The court said that not every threat is an assault. There needs to be a means of carrying that threat into effect: it must a realistic threat of personal violence

. The imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification.

. Restraint on the liberty of a person is also an offence. It may be either wrongful restraint as defined in Sec. 339 I.P.C. or wrongful confinement as defined in Sec. 340.

Bird v. Jones (1845)
In this case, Plaintiff was on the highway and wanted to continue along it. Part of the public highway was closed for spectators who paid to see a boat race. Defendant restricted Plaintiff from passing on wards in the direction in which he declared he wished to go. Plaintiff was allowed to remain unmolested where he was. Although obstructed from continuing forward, Plaintiff was at liberty to move in any other direction. Plaintiff sued Defendant for false imprisonment. The jury returned a verdict for Plaintiff. Defendant appealed

Defences
Consent Of Plaintiff.
Contributory Negligence.
Self-Defence.
Prevention Of Trespass.
Parental Authority.
Statutory Authority. . Necessity.
Inevitable Accident

Aishwarya Says:

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