Trespass to Person - Battery

1386 WordsMar 12, 20136 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…show more content…
So there had been a contact/touching between Nathan and Alice, where Nathan used the chair as the medium of causing Battery towards Alice. Nathan had whipped Alice’s chair when she was about to sit on her chair, which caused her to fall to the ground and fractured her arm. Thus, the third element of Battery is also fulfilled as there was physical contact occurred in this case. Lastly, in this case, the tort committed was without the Plaintiff (Alice)’s consent. Nathan was liable for Battery for making Alice falls to the ground until she fractured her arm. Since all the elements of Battery has been fulfilled in this case of Nathan and Alice, which are the mental state of the Defendant, Defendant’s act was under his control, there is physical contact occurred, and without the Plaintiff’s consent, therefore, it can be conclude that there is tort committed in this case which is Battery under Trespass to Person, and Nathan is liable to the tort of

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