Trespass to Person - Battery

1378 words 6 pages
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
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The court decided that the contact was hostile, as the police officer did not have the authority to detain her.

And lastly, the fourth element of Battery that need to be fulfilled is The Act Was Without Plaintiff’s Consent. One cannot touch another person without his consent or without lawful justification. Example, from the case of 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. However, no battery if consent is given by Plaintiff expressly or impliedly. Example of implied consent is tapping a person’s shoulder in order to get his attention, or touching that occur while queuing for a train.

Thus, the tort committed in this case is Battery under Trespass to Person. In this case, there is an intentional and direct application of force from Nathan to Alice as Nathan had intentionally creeps from behind and whipped her chair from under her. This shows that the Defendant (Nathan) had applied the force with intention, which fulfilled the first element of Battery, the mental state of the Defendant. Next, Nathan (Defendant)’s act was under his control. Nathan had done a direct application of whipping Alice’s chair from under her, just as she about to sit on her chair. This shows that the second element of Battery is also

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