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Tort Law > Battery > Flashcards

Battery Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

3 elements

A

Intent

Application of force

Acceptable in daily life

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2
Q

Intent explained

A

Not necessarily criminal intent

Intent to commit the act

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3
Q

Application of force explained

A

Physical harm not a requirement

Physical contact through indirect means still a battery
- Eg yanking necklace off a neck without touching neck

  • spitting on someone
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4
Q

Exceptions to battery

A

Reasonable punishment of children

Lawful exercise of power in arrests

Self defence

Physical contact acceptable in daily life
- eg in the pub

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5
Q

CASE

A

Pursell v Horn 1838

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6
Q

What happened in Pursell v Horn

A

Horn threw boiling water over Pursell

Still application of force even if water was cold

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Tort Law (8 decks)

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