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Explore the legal aspects of assault, including its definition, elements, legal remedies, defenses, burden of proof, and the difference from battery. Learn about the nature of assault, damages, and how to prove a case in court.
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Presentation Transcript
ASSAULT Welcome Stay Home Stay Safe
ISSUES TO BE DISCUSSED Definition Elements Nature Damages Legal Defences Scope Difference with Battery Burden of Proof Origin
DEFINITION OF ASSAULT An assault is an act of the defendant which causes to the plaintiff a reasonable apprehension of the immediate infliction of a battery. For Example: If you intentionally throw a rock at someone, and the person sees the rock being hurled toward him and is in fear of being hit, you would be liable for the tort of assault. If the rock actually hits him, the assault becomes a battery.
ELEMENTS OF ASSAULT The elements of an assault are as follows: The defendant acts. The defendant intends to cause the plaintiff to apprehend imminent harmful contact. The defendant's action causes the victim to reasonably apprehend such a contact. Actual intention or capacity immaterial. Words may negates the intention.
LEGAL REMEDIES/DAMAGES Legal remedies in the way of damages can be given for the following reasons to the plaintiff. For personal suffering. For loss of enjoyment of life. Actual pecuniary loss resulting to the plaintiff. Expenses reasonably incurred. For probable future loss by reason of incapacity or diminished capacity to work.
LEGAL DEFENCES There may be some defences to the defendant for a charge of assault. Self-defense: The defendant could plead that, he was acting out of self-defence. Intoxication: The defendant could say that, he was not acting intentionally rather it was the effect of intoxication. Coercion: This may be a defence if the defendant was forced to attack under threat of harm; for example, if it was done at gunpoint.
BURDEN OF PROOF The burden lies on the plaintiff to prove his case and prove elements in aggravation. He has to show the exact circumstances in which the tort has been committed and the court is not only entitled but bound to weigh the entire evidence on record. If it finds that the assault was not premeditated it is entitled to consider it as a mitigating circumstance even if not expressly pleaded by the defendant.
DIFFERENCE WITH BATTERY Assault is an attempt to commit battery. Threat of committing violence is enough for making an assault, physical contact is not needed. But one has to do violence for making it a battery. The objective of doing an assault is to threaten someone, but the objective of a battery is to cause harm.
CLASS ACTIVITY Answer to the following question. (15) You went to a market for buying groceries. While marketing, one person is screaming at you complaining that, you poke him by your elbow. You have no idea what is going on. Suddenly he said that, if I were the criminal, I would have hit you here and break your nose . Some other audiences try to stop him from doing this. There are noises everywhere and you avoid the crowd immediately. Is there any violation of legal rights by that person towards you in this case? (5) Is there any damage happened to you? (5) How might tort be happened in this case (if any)? (5)
COMMUNICATION Blended Learning Center Enrolment Key: tortfsummer20 Google classroom Code: Section A quev2ib Section B jefuydj Facebook Page: Ferdousi Begum E-mail: ferdousi@daffodilvarsity.edu.bd Mobile: 01839789058 What s app : +8801839789058
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