Trespass to person(assault, battery, mayhem)

False Imprisonment;Suit For Malicious Prosecution

Dr. Khakare VikasAsso. Prof.

Narayanrao Chavan Law College, Nanded, India

Assault

• It is the unlawful laying of hands on another or attempt to do a corporeal hurt to another, coupled with present ability and intention to the act.

• Sir Fredrick Pollock, ‘the essence of the wrong of assault is putting a man in present fear of violence, so that any act fitted to have that effect on a reasonable man may be an assault.

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• Arnold C.J., ‘any gesture calculated to excite in the party threatened a reasonable apprehension that the part threatening intends immediately to offer violence or about to use criminal force.’

• E.g. aiming with a loaded gun, riding after a person and obliging him to take shelter.

• Neither mere words not mere gestures do not constitute assault.

Ingredients of assault

1. There was some gesture or preparation which constituted a threat or force.

2. The gesture or preparation was such as to cause a reasonable apprehension of force; and-

3. There was a present ostensible ability on the defendant’s part to carry out a threat into execution immediately.

Battery• Battery is actual striking of another person or

touching him in rude, angry, revengeful or insolent manner.

• In battery, actual touch is essential. But mere touch is not enough.

Ingredients of battery

1. Use of force to him, either to his body e.g. slapping, pushing or bringing an object with contact of body.

2. Use of force was intentionally.

Difference between assault and battery

1. Battery includes assault, but assault does not include battery.2. In assault actual contact is not essential but in battery contact is

essential.

Defence in assault and battery

1. Defence of person. 2. Defence of property.3. Expulsion of trespasser. 4. Retaking of goods. 5. Exercise of parental and quasi parental authority.6. Leave and licence. 7. Preservation of public peace. 8. Legal process

Mayhem

• Mayhem is bodily harm whereby a man is deprived of the use of any member of his body or of any sense which he can use in any fighting or by the loss of which he is generally and permanently weakened.

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FALSE IMPRISONMENT

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• False imprisonment is the intentional confinement of plaintiff by another within fixed boundaries without legal justification.

• It is intentional putting a total restraint on the liberty of a person, for however shorter time, without lawful justification.

Essential condition

1. Defendant must have acted with intent to confine or restrain the plaintiff.

2. The confinement has to be total.3. The restraint may be a physical barrier or it may consist of

threats of force which intimidate of coerce the plaintiff to comply with orders.

Defences

1. Self defence. 2. Assisting officers of law. 3. Confinement of lunatics. 4. Parental authority 5. Consent 6. Public authority7. Judicial authority 8. Authority at time of war

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Suit for Malicious prosecution

.• Malicious prosecution is the institution

against an innocent person of unsuccessful criminal, bankruptcy, or liquidation proceeding without reasonable and probable cause and in a malicious spirit.

• If a person institutes such malicious (legal proceedings) without just and probable cause, the person against whom the action was taken can file a suit for malicious prosecution and claim damages.

Essential1. A prosecution of the plaintiff by the defendant.

Defendant should have set the law in motion against the plaintiff but it is not necessary that he should be a party to the prosecution. It is not necessary that defendant should conduct the prosecution.

2. Prosecution must have ended in favour plaintiff. There is no need of acquittal on the basis of merit or his innocence.

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3. Want of reasonable and probable cause. Defendant in so prosecuting, acted without reasonable and probable cause.

4. The defendant must have acted maliciously i.e. with an improper motive and not to further the ends of justice. Malice in this may be express malice.

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5. As a result plaintiff has suffered damage. If the it is not criminal proceeding, it is necessary to show some special damage. Such damage may be damage to fame, person, property.

Thank you