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Tort Law Case Study

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INTRODUCTION

Trespass to person protects an individual’s interest to personal security, bodily integrity, personal liberty, property and reputation. In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching. Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff.
If A threatens B with unwelcome physical contact, he commits the tort of assault. If he deliberately makes unwelcome physical contact, he commits the tort of battery.

ASSAULT

An assault is an unlawful laying off hands on another person or an attempt …show more content…

Wilson v. Pringle, [(1987) Q.B. 237]
For the purposes of battery, the required intention is to touch the person of another unlawfully and it is not necessary that there should be intention to cause any harm.
2. Hurst v. Pictures Theatres Ltd., [(1915) 1 KB 1]
The Plaintiff had purchased a ticket for a seat at a cinema show. He was forcibly turned out of his seat by the direction of the manager, who was acting under a mistaken belief that the plaintiff had not paid for his seat.
It was held that the purchaser of a ticket for a seat at a theatre or other similar entertainment has a right to stay and witness the whole of the performance, provided he behaves properly and complies with the rules of the management.
Thus, the Defendant committed battery and was held liable to pay damages to the Plaintiff.
3. Nash v. Sheen, (1953) CLY 3726
The lady went to a hairdresser to obtain permanent wave in her hair. The hair dresser applied tone rinse and gave the plaintiff an unwanted hair dye. This not only gave her hair an unpleasing colour but also provoked painful rash all over her body.
It was held to be battery, as she had consented only for obtaining the permanent wave and not for the application of the colouring …show more content…

 Nominal damages, given although there is no harm at all, or merely a slight one, may also be awarded in an assault and battery action.
 Punitive Damages are often given when the offense was committed maliciously to punish the defendant for the wrongful act and to deter others from engaging in similar acts in the future.
 If a defendant is found criminally liable, the punishment is imprisonment, a fine, or both.

CRITISISM
In assault intention is necessary so even if the defendant commits a crime and does not have an intent to harm the victim, the individual cannot be guilty of the offense.

SUGGESTIONS
The law must then balance the degree of the risk and the likelihood of injury occurring, against the expense and difficulty of taking precautions both in assault and battery more precautiously.

CONCLUSION
Assault and battery go together like ham and eggs. In both motion is necessary, but while the application of unlawful force to another constitutes battery, an action which puts another in instant fear of unlawful force, though the force may not be actually applied would amount to

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