2. What is Trespass to the person ?
The word Trespass to the person means a direct or an
intentional interference with any persons body or
liberty . It can arise even in case if there is no physical
harm occur to the victim. There are three main wrongs
that fall under the trespass to a person , which are :
1. Assault
2. Battery
3. False imprisonment
3. WHAT IS BATTERY?
Battery is intentional applications of force to another
person without any lawful justification . It essential
requirements are :
1. There should be use of force
2. The same should be , without any lawfull
justification
4. 1. Use of force
Even though the force used is very trivial and does
not cause any harm , the wrong is still constituted .
Least touching of another in anger is a battery .
Use of stick , bullet , throwing of water or splitting in a
man’s face are the example of use of force . Infliction
of heat , electricity, gas etc . Would be battery if it can
result in physical injury or persoanal discomfort.
5. 2. Without lawful justification
It is essential that the use of force should be
intentional and without any lawful justification. Harm
voluntarily suffered is no battery. The use of force
may be justified for example , pulling a drowning man
out of water , performance of operation of an
unconscious person by surgeon to save the patient’s
life, Forcibly feeding a hunger striking prisoner to
save his life . Harm which is caused by pure accident is
not also actionable .
6. Case law
Stanley v. Powell 1891
Powell was a member of a shooting party, fired at a
pheasant but the pellet from his gun glaced off a tree and
accidentally wounded Stanley, another member of the party.
It was held that powell was not liable . If the act is wilful or
negligent, the defended would be liable.
7. Assualt is an act of the defendant which causes to the plaintiff
reasonable apprehension of the infliction of a battery on him
by the defendant. For example ,pointing a loaded pistol at
another is an Assault and also if the plaintiff knows that the
pistol is unloaded then there is no assault .Generally Assault
precedes battery. For example ,showing a clenched fist is
assault but actual striking is battery, Throwing of water upon
a person is an assault but as soon as the water falls on him ,it
becomes battery . It is also not essential that every battery
should include assault For example, blow from behind,
without prior knowledge of person ,result in a battery
without being preceded by any assault .
what is Assault ?
8. Stephens v . Myers 1830
In this case plaintiff was the chairman at a parish meeting and
defendend sat at another end of table . Discussion become very
heated . The defenden got out of his chair and
Told the plaintiff that he would rather pull the chairman out of
the chair than be turned out of the room . He then advance
towards the plaintiff with clenched Fist .The witness thought that
the defendant’s intent was to attacks plaintiff. However he was
stopped by the church warden who sat next to chairman .
The chairman sued the defentent for Assault and he
was held liable for it .
9. Conclusion
Assault and Battery are related but it is distinct tort.
Battery is intentional application of fore to a person
without lawful justification. Assualt is an act of the
defendant which causes to the plaintiff reasonable
apprehension of the infliction of a battery on him by
the defendant.
