Law of torts 1

Assault 

It is an intentional tort where the defendant act is intended to cause reasonable apprehension of an imminent harmful or offensive contact in plaintiff’s mind. An assault is an attempt or offer, by force or violence to do a corporal curt another as, by pointing a pitchfork at him when standing within reach presenting a gun at him with shooting distance, drawing a sword and waving it in a menacing manner. 

Read v. Coker [(1853) 13 CB 850] – In this case, the plaintiff was a tenant of the defendant. The defendant called thugs who pulled up their sleeves and showed their fist and then asked the plaintiff to leave the defendant’s garage. The court held that the act of pulling up of sleeves and showing of fist constituted assault. 

Innes v. Wylie – In this case, a policeman unlawfully prevented the plaintiff from entering the club premises. It was held that “if the policeman was entirely passive like a door or a wall put to prevent from entering the room,” there was no assault. 

Battery 

It is an intentional tort. Application of force on another without any lawful justification is called a battery. It has three elements:- Reasonable apprehension of threat. Intention to use force. Capacity to cause injury. 

Stanley v. Powell ([1891] 1 QB 86 )- Powell, who was the member of a shooting party, fired at a pheasant but the pellet from his gun glanced off a tree and accidentally wounded Stanley, another member of the party. It was held that Powell was not liable for battery. If the act is willful or negligent, the defendant would be liable.

Letang v. Cooper ([1964] 2 All ER 292) – Plaintiff was having a sunbath in the parking lot when defendant riding on a motorbike crushed his legs. Since there was no intention on part of the defendant the plaintiff’s motion failed. 

False Imprisonment 

The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual’s right to be free from restraint of movement. In order to establish false imprisonment plaintiff must show the following Willful/Intentional detention by the defendant Performed without consent of the plaintiff without the authority of law.

Bird v Jones [(1845) 7 QB 742] – Plaintiff was crossing a bridge, and is stopped by the defendant. The defendant asked the plaintiff to use another way as there was a boat race happening. The court held that since plaintiff had the option to use another way partial obstruction, unaccompanied by force or threat of force, will not constitute false imprisonment.