Temporary Restraining Order: In the cases of assault and battery, when the defendant has physically harmed or harassed the victim, then the victim can obtain a restraining order which prevents the defendant from making any contact with the plaintiff or even coming close to the plaintiff. By contrast, civil battery requires only that the perpetrator had intent to … LegalMatch can help you find the right legal counsel and he can review the elements for battery and determine whether or not your claim would survive in court. 1. The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff. There only needs to be general intent to be convicted of battery. Tort damages are monetary damages that are sought from the offending party. This means for a tort of battery, a mere touch or contact without consent is requisite. Consent can also be considered as a defense in the case of assault and battery. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. Consent is when the person voluntarily agrees to the intention of the defendant. d. There is no tort of battery. Actually punching the person is considered as a battery. Like all torts, what we are talking about is a civil, as opposed to criminal act. TORT LAW LECTURE NOTES: TRESPASS TO THE PERSON, ELEMENTS OF ASSAULT, ELEMENTS OF BATTERY. 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D’s intent to commit any one of the original trespass-based torts (assault, battery, false imprisonment, trespass to land or chattels) automatically This defense is also very similar to self-defense, as in this defense the defendant is trying to protect his property, but the force used is only considered when there is an unlawful use of force against the defendant. The victim must not know about the action which is planned by the accused. 4 elements of battery. The defense is only valid when there is an honest and reasonable fear of harm to the person’s property. There are many limitations to the doctrine of self-defense, as the force used in the name of self-defense must be reasonable and proportional to the threat compared to the victim. Civil Battery is also known as the battery as a tort because it is a civil wrong. Thus, when the defendant, by his actions, creates apprehension in the minds of the plaintiff that a battery may occur against him, an assault takes place. 1. When a person has no intention to hurt someone but commits an act which hurts another person and the wrongdoer had an idea that the act will hurt another person is known as a civil battery. Law (LAW) Academic year. You can click on this link and join: © Copyright 2016, All Rights Reserved. Goff LJ in Collins vs Wilcock states that: Battery is the actual infliction of unlawful force on another person. This article discusses the Battery and its Remedies in India. Just as with assault, battery can be either a criminal act or subject one to civil liability. Of R. Vs. S. George aiming one of two forms of contact free from bodily.... Harm can be of any kind, it is based upon informed,... Learn vocabulary, terms, and website in this article is written by Gaurav Raj Grover, a takes his. No physical injury or damage is required are also totally different from other. 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