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Tort law - Essay Example

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Tort Law No: Roll No: Date: University: Tort Law Assault and Battery Assault and Battery can be considered two different types of offenses which under the law are unlawful. It is an offense to harm the opponent in retaliation or to achieve ulterior motives…
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Download file to see previous pages However, contact is the basic element of battery. Since contact is an essential element of battery, there must be an absence of contact for an assault. In other words loosing battery comes under the ambit of an assault2. As per the law of UK both the offenses can be booked under criminal and law of tort. Therefore, anyone who found guilty under the offenses is liable for prosecution under the criminal and civil law. Under the criminal law assault is an attempt to commit a battery one some one’s body3. Intention or motive behind an offense is necessary. The defendant or the attacker must have intention or motive to harm someone bodily. Assault and battery have two motives a) one in retaliation and b) in self defense. The intention or motive involved in assault and battery should appear on the body of the aggrieved person. If there is no intention or motive of a person to bodily harm another person, legally cannot be considered guilty of offenses as mentioned hereinabove4. Consent In all civilized states, consent is used in defense of civil assault and battery by the offenders. However, combating with mutual consensus does not deprive anybody of his or her legal right to sue. However, there is difference of opinion amongst the jurists whether the criminal assault or battery can be used in defense of any person. ...
Self-Defense A commonly used term wherein a person can use a certain degree of force to save himself from bodily injuries inflicted upon by another person. Now it is up to jury to determine whether the degree of force used in self defense is valid and permissible under the law. If a man by his or her own will initiate fight without justified reasons against another person cannot be treated such fight in self dense. Here, the intention and motive of a person does matter6. As far as the use of force against the offender with an object to save himself or herself in retaliation of an aggressor’s attempt is justifiable under the law. In all the countries around the globe, a defender can use deadly weapon to save his or her life provided his or her life is in danger. In majority states, law provides support to a person who may stand in front of an aggressor to defend himself although the chances of safe escape from the scene are there7. The court will examine the degree of force used by the defender against the offender under the circumstances was justified or not. The following factors should be taken into account by the jury while deciding the matter a) age b) size and c) strength of participants8. Defense of Others Helping out others in their turmoil or in case of need treated valid defense provided the defender was not at fault. In case of defending others, the defender’s right to claim self defense of a protected person cannot be undermined. In few cases the defender reasonably believes that he or she was in need of help to come out of the worst scenario9. The law of tort treats the assault and battery an attack on the security and safety of a person life hence the wrong done to the victims attracts compensation for the damages. Under the civil law, the ...Download file to see next pagesRead More
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