Torts to Person

ASSAULT

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

INGREDIENTS

Some Preparation or Gesture Constituting a Threat of Force

The first essential element of assault is that there should be some preparation or gesture constituting a threat of force.

For Example: Showing a fist by A to B or loading a pistol by A in the presence of B along with uttering some words showing A’s intention for its use against B there words do not constitute an assault.

A Reasonable Apprehension of the use of Force

There should be reasonable apprehension of the infliction of force

For Example: Pointing a pistol will amount to assault. It is immaterial whether the pistol is loaded or unloaded unless the person, against whom it is pointed, does not know that it is unloaded.

Ability or Capability of the Defendant to Carry out the Threat

Along with reasonable apprehension for the infliction of force or injury, the plantiff must have a reasonable belief that the defendant has the ability or capability to carry out his threat.

BATTERY

Battery is the intentional use of force to another person without legal justification. It is the actual application of force.

INGREDIENTS

Use of Force

One of the essential requirements of battery is the use of force. It is not material how much force has been used. The least touching of another in anger is a battery. Even an unwanted kiss may be a battery.

Use of Force should be Intentional

For an act of the defendant to constitute battery, use of force must be intentional. It must be not therefore, is an involuntary act.

Without Lawful Justification

It is another essential requirement that the force should be used without any lawful justification. If force is used as permitted or authorized under law, it will not constitute battery. Arresting a person by policeman by touching him in pursuance of lawful authority.

MAYHEM

Among the personal injuries not causing death of the individual, the most serious is what is known as” Mayhem”. The modern word is now “main”. An action is maintainable when a person has been underprivileged of any fighting limb. Where it is not a fighting limb which has been deprived of then the action would not be for mayhem but only for battery. It has been had that the loss of teeth, hands, legs, fingers or even contrasting him would give rise to an action for mayhem.

While the cutting of the ears or the nose would amount to disfigurement and not the loss of a fighting limb, and therefore, gives rise to action of battery only.

FALSE IMPRISONMENT

False imprisonment has been defined as the total restraint of the liberty, for however short a time, without lawful justification.

INGREDIENTS

Total restraint of the liberty of person! It consists in the imposition of a total restraint for some period however short, upon the liberty of another, without lawful and sufficient cause or excuse. Such a restraint may be either physical or by a mere show of authority. In a suit for false imprisonment all that the plantiff need prove is that he was imprisoned and it is for the defendant to prove justification. The period for which the detention continues is immaterial.

Note!

Some courts are of the view that the plantiff showed know about the false imprisonment but the views of other s are otherwise.