Battery – Law of Torts – Notes

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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. 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.

Continue to learn more about the Law of Torts by clicking here. You can grab notes for other law subjects from here.


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One Reply to “Battery – Law of Torts – Notes”

  1. Under the defense of consent, a person who has, either expressly or impliedly, consented to participation in a contact sport cannot claim in battery against other participants for a contact permitted by the rules of that sport, or expected to occur within the course of play. For example, a basketball player who commits a hard foul against an opposing player does not thereby commit a battery, because fouls are a regular part of the course of the game, even though they result in a penalty. However, a player who struck another player during a time-out would be liable for battery, because there is no game-related reason for such a contact to occur.

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