Torts Problem: Assault, Battery, and False Imprisonment

2396 WordsNov 9, 200710 Pages
Torts Problem Assignment IntroductionThrough a physical incident arising during a professional soccer match, Marc sustained loss and damage through his knee injury to which an action of battery may lie against David. BatteryBattery is a direct action in trespass which is either intentional or negligent, and is actionable per se without proof of damage. A direct act is evident through the physical contact between David and Marc. Intention may be present even where the defendant acts impulsively or on the spur of the moment during the course of a soccer match . Consequently Davids' act in reaction to Marcs' provocation clearly demonstrates an intentional interference with Marcs' body in hostility . The remaining issue centres on whether…show more content…
Despite the infringement of rules, the court would still most likely view Marcs' overzealous tackle as within the scope of the game to which David consented to as there was minimal damage. However the tackle may support the numerous insulting remarks for a claim of assault against Marc. More clarification on the nature of the insults would be needed to demonstrate the fundamental element of apprehension in Davids' mind. CHARDONNAY V NANCYIntroductionNancy's threatening conducts may have created apprehension of violence in Chardonnay mind and constitute as assault. However there is an issue of whether there was a threat of imminent violence. Apprehension of immediate and unlawful violenceAn apprehension of physical violence in the mind of a reasonable person constitutes an assault . Smith and Kennedy JJ state in Hall v Fonceca that the requirements or elements of an assault at common law include an 'intention either to use force or to create an apprehension of the use of force on the part of the person being assaulted.' Tindal CJ in Stephens v Myers states that the rule includes there must be 'the means of carrying the threat into effect.' The text message 'I told you to stay away from my BF,' and the approach

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