Trespass to Person - Battery
14) What torts, if any, have been committed in the following situation:
a) Just as Alice is sitting down on a chair, Nathan creeps up from behind and whips the chair from under her. Alice falls to the ground and fractures her arm.
TRESPASS TO PERSON
BATTERY
DEFINITION: The intentional and direct application of force to another person without that person’s consent.
ELEMENTS OF BATTERY: iii) Physical contact iii) Physical contact ii) The Defendant’s act was under his control ii) The Defendant’s act was under his control
ELEMENTS OF BATTERY
ELEMENTS OF BATTERY iv) Without Plaintiff’s consent iv) Without Plaintiff’s consent
i) The mental state of the Defendant
i) The mental state of the Defendant
i) THE MENTAL STATE OF THE DEFENDANT * The Defendant must have applied the force with intention. * No violence is necessary and any physical contact ith the body of the Plaintiff or his clothing is sufficient to constitute “force”.
ii) THE DEFENDANT’S ACT WAS UNDER HIS CONTROL * The Defendant’s act must be done voluntarily.
* CASE: Gibbons v. Pepper
The Defendant was riding a horse when someone hit the horse from behind, causing the horse to bolt. The horse collided with the Plaintiff.
HELD: The Defendant was not liable as the act of the horse bolting was outside its control.
iii) PHYSICAL CONTACT * There must be some contact/touching with the Plaintiff’s body.
* CASE: Collins v. Wilcock
A police officer held a woman with the intention of temporarily detaining her.
HELD: The contact was hostile as the police officer did not have the authority to detain her.
iv) WITHOUT PLAINTIFF’S CONSENT * One cannot touch another person without his consent or without lawful justification. * CASE: Tiong Pik Hiong v. Wong Siew Gieu The Defendant was liable for battery for scratching the Plaintiff’s face and hitting her, due to her (Defendant) jealousy of the Plaintiff’s friendship with her husband.
a) Just as Alice is sitting down on a chair, Nathan creeps up from behind and whips the chair from under her. Alice falls to the ground and fractures her arm.
TRESPASS TO PERSON
BATTERY
DEFINITION: The intentional and direct application of force to another person without that person’s consent.
ELEMENTS OF BATTERY: iii) Physical contact iii) Physical contact ii) The Defendant’s act was under his control ii) The Defendant’s act was under his control
ELEMENTS OF BATTERY
ELEMENTS OF BATTERY iv) Without Plaintiff’s consent iv) Without Plaintiff’s consent
i) The mental state of the Defendant
i) The mental state of the Defendant
i) THE MENTAL STATE OF THE DEFENDANT * The Defendant must have applied the force with intention. * No violence is necessary and any physical contact ith the body of the Plaintiff or his clothing is sufficient to constitute “force”.
ii) THE DEFENDANT’S ACT WAS UNDER HIS CONTROL * The Defendant’s act must be done voluntarily.
* CASE: Gibbons v. Pepper
The Defendant was riding a horse when someone hit the horse from behind, causing the horse to bolt. The horse collided with the Plaintiff.
HELD: The Defendant was not liable as the act of the horse bolting was outside its control.
iii) PHYSICAL CONTACT * There must be some contact/touching with the Plaintiff’s body.
* CASE: Collins v. Wilcock
A police officer held a woman with the intention of temporarily detaining her.
HELD: The contact was hostile as the police officer did not have the authority to detain her.
iv) WITHOUT PLAINTIFF’S CONSENT * One cannot touch another person without his consent or without lawful justification. * CASE: Tiong Pik Hiong v. Wong Siew Gieu The Defendant was liable for battery for scratching the Plaintiff’s face and hitting her, due to her (Defendant) jealousy of the Plaintiff’s friendship with her husband.