Tort is concerned with civil wrongs caused by individuals and other legal
entities. Tort has two main objectives. One is to offer compensation to the
victims of civil wrongs for the loss, damage or injury that they have suffered.
The most common remedy for tortious conduct is money, referred to as damages.
Tort also acts as a deterrent, and aims to reduce the harm caused by making the tortfeasor responsible
for providing a remedy.
Another type of remedy is an injunction, where the court orders a person not to
do something, for example, not to publish an article in a newspaper. It may also
be used to compel a person to do something, although this is less common.
There are three main elements to a tort claim. First, it must be proved that
there was a wrongful act or omission (failure to act) by the defendant. Second,
it must be proved that the claimant suffered loss, damage or injury as a result.
Third, it must be proved that the defendant had a duty to act in a certain way
but didn't, meaning he was at fault.
The most litigated tort is the general tort of negligence, where A's careless
act or omission causes damage to B. Other torts include defamation, where A
suffers as a result of B's spoken or published lies; trespass, where B
wrongfully goes onto A's land; and nuisance, where B disturbs A's enjoyment and
use of his land (for example, by allowing dogs or cats to run freely there).
In certain cases, such as defective products that cause harm to
consumers, strict liability is used. This means that the defendant will be
found liable regardless of fault.
There are some overlaps between tort law and criminal law, and sometimes the
same set of facts may lead to both a criminal prosecution and an action in tort.
A famous example of this was the US case of The People v. Orenthal James
Simpson. This criminal trial involved the former American football star and
actor O. J. Simpson, and was heard at the Superior Court of Los Angeles County,
California. Simpson was charged with two counts of murder following the deaths
of his ex wife Nicole Brown Simpson and her friend Ronald Goldman in June 1994.
Simpson was eventually acquitted. However, the Brown and Goldman families
then sued Simpson for damages in a civil suit. The jury unanimously found there
was a preponderance of evidence to find Simpson liable for damages in
the wrongful death of Goldman and battery of Brown.
The standard of proof in civil cases, the preponderance of the evidence, is much
lower than in criminal cases, the facts of which have to be proved beyond
reasonable doubt.
Another difference between civil law and criminal law are the consequences of
a finding of liability and a finding of guilt. Damages are awarded in tort
cases, and are meant to compensate the injured party for wrongs caused, and to
deter others from acting negligently.
A finding of guilt can subject the
defendant to a number of different punishments, including imprisonment and fines
(a sum of money exacted as a penalty by a court of law or other authority).
Some jurisdictions are also able to award punitive damages, which can be
extremely high, in addition to compensatory damages, where the tort in question
has been particularly serious.
Research Methodology
Statement Of Problem
Analyze the definition and scope of Assault and Battery in India.
Objective
- To enhance knowledge about Assault and Battery
- To study case laws related to Assault and Battery.
- To explain what are the remedies against Assault and Battery.
- To explain the defences which can be pleaded by the defendant.
Methodology
The method used for research work in the present
project is the doctrinal method of data collection.
Assault
Meaning and Defination: An assault is a threat or attempt to do a corporeal hurt
to another, coupled with an apparent physical ability and intention to do the
act. Actual contact isn't necessary in an assault. But it is not every threat,
where there is no actual personal violence that constitutes an assault; there
must, in all cases, be means of carrying that threat into effect.[1] Any
gesture calculated to excite, in the party threatened, a reasonable apprehension
that the party threatening intends immediately to offer violence, or, in the
language of the Indian Penal Code, is
about to use criminal force to the
person threatened, constitute, if coupled with a present ability to carry such
intention into execution, an assault in law.[2]
The intention as well as the act makes an assault. Therefore, if one strikes
upon the hand, or arm, or breast in discourse, it is no assault, there being no
intention to assault; but if one, intending to assault, strikes at another and
misses him, this is an assault; so if he holds up his hand against another, in a
threatening manner, and says nothing, it is an assault.[3]
The menacing attitude
and hostile purpose go to make the assault unlawful, e.g. presenting a loaded
pistol at any one,[4] or pointing or brandishing a weapon at another with the
intention of using it,[5] or riding after a person and obliging him to seek
shelter to avoid being beaten. Mere words do not amount to an assault. But the
words which the party threatening uses at the time may either give to his
gestures such a meaning as may make them amount to an assault, or, on the other
hand, may prevent them from being an assault.
For instance, if A laid his hands
on his sword, and said to Z, If it were not assize time, I would not take such
language from you. This was held not to be an assault on the ground that the
words showed that A did not intend then and there to offer violence to Z. here,
there was the menacing gesture, showing in itself a intention to use violence,
there was the present ability to use violence, but there were also words which
would prevent the person threatened from reasonably apprehending that the person
threatening was really then and there about to use violence.
Elements of Assault:
Three elements must be established in order to establish tortious assault:
first, the plaintiff apprehended immediate physical contact, second, the
plaintiff had reasonable apprehension (the requisite state of mind) and third,
the defendant's act of interference was intentional (the defendant intended the
resulting apprehension). But intent for purposes of civil assault can be either
general or specific. Specific intent means that when the defendant acted, he or
she intended to cause apprehension of a harmful or unwanted contact. General
intent means that the defendant knew with substantial certainty that the action
would put someone in apprehension of a harmful or unwanted contact.
While the law varies by jurisdiction, contact is often defined as harmful if it
objectively intends to injure, disfigure, impair, or cause pain.
The act is deemed offensive if it would offend a reasonable person's sense of
personal dignity.
While imminence is judged objectively and varies widely on the facts, it
generally suggests there is little to no opportunity for intervening acts.
Lastly, the state of apprehension should be differentiated from the general
state of fear, as apprehension requires only that the person be aware of the
imminence of the harmful or offensive act.
There are some cases which would illustrate the concept better. They are
mentioned under.
Cullison v. Medley[6]
Facts:
Plaintiff Cullison met 16-year-old Sandy Medley in a grocery store
parking lot, invited her to have a soda with him and to come to his home to talk
further. A few hours later he was awoken by a knock at his door. He was
confronted by Sandy Medley, her father Ernest, her brother, brother-in-law, and
mother. Ernest had a revolver in a holster strapped to his thigh. Sandy called
him a pervert and her mother berated him. Ernest kept grabbing and shaking
the gun while still in the holster and threatening to
jump astraddle of him if
he did not leave Sandy alone.
Although no one ever touched Cullison, he feared
he was about to be shot because Ernest kept grabbing the gun as if to draw it
from the holster while threatening him. As a result of this incident, Cullison
sought psychological help to deal with nervousness, depression, sleeplessness,
inability to concentrate, and impotency. He sued the Medleys for assault, among
other torts. The trial court granted summary judgment in favor of defendants on
all claims, the appeals court affirmed, and the Indiana Supreme Court reversed
on the assault count.
Issue:
Whether threatening language coupled with a holstered pistol rises to
the level of assault.
Held:
Yes, it was an assault. Assault occurs when one intentionally creates the
reasonable apprehension of imminent harmful or offensive contact in another. It
is a touching of the mind, if not the body, and as such, the damages which are
recoverable are for mental trauma and distress. It is assault to shake a fist
under another's nose, to aim or strike at him with a weapon or to hold it in a
threatening position, or to surround him with a display of force.
Additionally,
the apprehension must be one that would be aroused in the mind of a reasonable
person. In this case, a jury could reasonably conclude that the Medleys
intended to frighten Cullison by surrounding him in his trailer and verbally
threatening him with bodily harm while one of them was armed with a holstered
revolver. Accordingly, the Indiana Supreme Court reversed the summary judgment
on the assault count.
Tuberville v. Savage[7]
Facts: Tuberville put his hand upon his sword and said:
If it were not
assize-time, I would not take such language from you. Savage sued Tuberville
for assault.
Issue: What are the elements of the tort of assault?
Holding and Rule: To be liable for assault at least one of the following must be
present: 1. an act intending to cause harmful control to another person, or
imminent apprehension, or 2. a third person put in apprehension if he believes
the person can do damage. An assault exists even if the other party can defend
against the action and the action is not inevitable. Mere threats of future harm
are insufficient.
In this case the court held that the declaration of Tuberville was that he would
not assault Savage at that point in time. To commit an assault there must be
intention followed by an act. An assault is present if the fear is reasonable.
The court held that in this case there was clearly no intention of assault.
Disposition: For Tuberville.
Notes: Threats of future harm are insufficient to establish assault. Conditional
threats may suffice where the defendant has no privilege to assert them.
Bavisetti Venkat Surya Rao v. Nandipati Muthayya[8]:
Plaintiff owed a certain
amount to the defendant which he was unable to pay. The defendant, in order to
collect the amount thought to visit plaintiff's house and sell some movables to
recoup the amount. The defendant called a goldsmith to evaluate the value of
gold in the house of plaintiff, but the person standing at the time of such
evaluation near the house borrowed the amount from another to give it to the
defendant, and after the defendant had taken the amount, the plaintiff sued him
for assault.
It was held that since the defendants, after the arrival of the Goldsmith said
nothing and did nothing and the threat of use of force by the goldsmith to the
plaintiff was too remote a possibility to have put the plaintiff in fear of
immediate or instant violence, there was no assault.
Battery:
Meaning and Defination:
Battery is the intentional and direct application of any
physical force to the person of another. It is the actual striking of another
person, or touching him in a rude, angry, revengeful, or insolent manner.
In
Cole v. Turner[9], HOLT, C.J. declared: First, that the least touching of
another in anger is a battery. Secondly, if the one touches the other gently, it
will be no battery. Thirdly, if any of them use violence against the other, to
force his way in a rude inordinate manner, it will be a battery. ROBERT GOLF,
L.J. redefined battery as meaning an intentional physical contact which was not generally acceptable in the ordinary conduct of daily life.[10]This definition
was accepted by the House of Lords in
Wainwright v. Home Office.[11]
A battery includes an assault which briefly stated is an overt act evidencing an
immediate intention to commit a battery. It is mainly distinguishable from an
assault in the fact that physical contact is necessary to accomplish it. It
cannot mean merely an injury inflicted by an instrument held in the hand, but
includes all cases where a party is struck by any missile thrown by another. It
doesn't matter whether the force is applied directly to the human body itself or
to anything coming in contact with it. In order to establish the tort of
battery, the plaintiff must however prove that the force used was without any
justification.[12]
Thus, to throw water at a person is an assault; if any drops
fall upon him it is a battery.[13] So, riding a horse at a person is an assault,
and riding it against him is battery. Pulling away a chair, as a practical joke,
away from a person who is about to sit on it, is assault until he reaches the
floor; then it is battery the minute he comes in contact with the floor. The
term assault is commonly used to induce battery. But every lying on of hands is
not a battery. The party's intention must be considered. Touching a person, for
instance, for merely calling him isn't a battery.
In
Stephens v. Myers[14], the plaintiff was the chairman of a parish meeting.
The defendant having been very vociferous, a motion was made and carried by a
large majority that he should be turned out.
Upon this, the defendant said he
would rather pull the chairman out of the chair, than be turned out of the room,
and immediately advanced with his fist clenched towards him; he was thereupon
stopped by the churchwarden, who sat next but one to the chairman, at a time
when he was not near enough for any blow, he might have mediated to reach the
plaintiff; but the witness said that it seemed to them that he was advancing
with an intention to strike the chairman. The jury found for the plaintiff with
one shilling damages.
Battery requires actual contact with the body of another person so a seizing and
laying hold of a person so as to restrain him; spitting in the face; throwing
over a chair; or carriage in which another person is sitting; throwing water
over a person; striking a horse so that it bolts and throws its rider; taking a
person by the collar; causing another to be medically examined against his/her
will; are all held to amount to battery.
Where the plaintiff, who had purchased a ticket for a seat at a cinema show, was
forcibly turned out of his seat by the direction of his manager, who was acting
under a mistaken belief that the plaintiff had not paid for his seat, it was
held that the plaintiff was entitled to recover substantial damages for assault
and battery. The purchaser of a ticket for a seat at a theatre or other similar
entertainment has a right to stay and witness the whole of the performance,
provided he behaves properly and complies with the rules of the
management.[15] A civil action lies for assault, and criminal proceedings may
also be taken against the wrongdoer.
The fact that the wrongdoer has been fined
by a criminal court for the assault is no bar to a civil action against him for
damages. The previous conviction of the wrongdoer in a criminal court is no
evidence of assault. The factum of the assault must be tried in a civil court,
which is not bound by conviction or acquittal in criminal proceedings. A plea of
guilty in a criminal court may, but a verdict of conviction cannot, be
considered in evidence in a civil court.
Garratt v. Dailey[16]
Facts: Five year old Brian Dailey (D) pulled a chair out from under Ruth Garratt
just as she was about to sit causing her to fall and break her hip. Garratt
brought suit for personal injuries and alleged that Dailey had acted
deliberately. The trial court entered judgment for Dailey and found that he had
not intended to injure Garratt. The court nevertheless made a finding of $11,000
in damages in case the judgment was overturned on appeal. Dailey appealed.
Issues:
- In regards to the intentional tort of battery, is the element of intent
satisfied if the defendant knows with a substantial certainty that his act
will result in a harmful or offensive contact?
- Can a five year old child be liable for an intentional tort?
Holding and Rule:
- Yes. In regards to the intentional tort of battery, the element of
intent is satisfied if the defendant knows with a substantial certainty that
his act will result in a harmful or offensive contact.
- Yes. A five year old child can be liable for an intentional tort.
A minor is liable just as any other person when he has committed an intentional
tort with force.
Elements of the Tort of Battery: Under the Restatement of Torts an actor who
commits a direct or indirect act which is the legal cause of a harmful contact
with another is liable if:
- The act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and
- The contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and
- The contact is not otherwise privileged.
Intent requires that the act must be done for the purpose of causing the contact
or apprehension or with knowledge on the part of the actor that such contact or
apprehension is substantially certain to be produced. A battery would be
established if a party acts with substantial certainty that a result will occur.
The mere absence of any intent to injure, play a prank on, or embarrass the
plaintiff, or to commit an assault and battery on her, would not absolve the
defendant of liability if in fact he had such knowledge. If Garratt has proven
to the satisfaction of the trial court that Dailey moved the chair while she was
in the act of sitting down, his action would patently have been for the purpose
or with the intent of causing her bodily contact with the ground, and she would
be entitled to a judgment against him for the resulting damages.
Talmage v. Smith [17]
Facts:
Talmage and several other children were playing on the roofs of sheds on
Smith's property. Smith ordered the children to get down and threw a stick at
one of the boys. The stick missed its intended target and struck Talmage in the
eye. Talmage lost all sight in the eye and sued for battery to recover for
personal injuries.
Evidence was offered showing that Smith threw the stick intending to frighten
(i.e. assault) but not hit a different boy. The trial court entered judgment for
Talmage and Smith appealed on the grounds that he did not have the intent to hit
Talmage and was therefore not liable for battery.
Issue:
If an actor intends to inflict an intentional tort upon one party and
accidentally harms a second party, can the actor be held liable to the second
party for battery?
Holding and Rule:
Yes. If an actor intends to inflict an intentional tort upon
one party and accidentally harms a second party, the actor can be held liable to
the second party for battery under the doctrine of transferred intent.
If an actor intends an act against a party and that act impacts upon another the
actor is liable for the injuries suffered. The fact that the injury resulted to
a party other than was intended does not relieve the defendant from
responsibility. Smith will not be relieved of liability because he intended to
injure someone else.
Disposition: Affirmed.
Transferred Intent:
The transferred intent torts under common law are: assault,
battery, false imprisonment, trespass to land, and trespass to chattels. If an
actor has the intent to commit any of the transferred intent torts, the actor
will be liable for all other transferred intent torts that result from that act.
The actor's liability extends to all parties harmed, not merely the original
intended victim.
Pratap Daji vs. B.B. & C.I. Ry[18].:
Here the plaintiff entered in a carriage
of defendant's railway but had forgotten to purchase a ticket for his travel. On
one of the stops of the carriage, he tried to purchase the ticket but didn't get
any. At another place, he was asked for the ticket which he didn't have and
therefore was asked to get out of the carriage. He refused to do so. On his
refusal, the defendant used force to get him out of the carriage. He bought an
action against the defendant for use of force. It was held that the defendant
was not liable, as he used force against the person who was not having a ticket
and therefore was a trespasser, and therefore he couldn't be held liable.
Damages in Assault and Battery Indian Tort Cases
When it comes to injuries, civil cases involving assault and battery can run the
gamut of seriousness. Remember, no actual physical injury is required in most
states, so lawsuits for assault and battery can vary widely in terms of damage
awards. In cases where there was no harm done (or very little), filing a lawsuit
may not always be worth it in the long run, even though an assault or battery
may have technically taken place.
On the other hand, when an assault and battery incident requires hospitalization
and extensive medical attention, a personal injury lawsuit may be the best way
for the victim to get reimbursement for medical bills and compensation for
things like pain and suffering.[19]
Defenses in Assault and Battery Tort Cases in Indian context
A personal injury lawsuit won't be successful if the person being accused of
assault or battery has a valid legal excuse for their conduct. Here is a look at
some of the most common defenses to a personal injury lawsuit where assault or
battery (or both) is alleged.
Consent. A defendant might say that the victim agreed to the possibility of
being hurt. This defense arises most often in intentional tort lawsuits in cases
involving contact sports, paintball-style games, and similar activities. A
plaintiff who files a lawsuit in these cases may have a hard time winning if he
or she consented to certain physical contact -- getting hit in a game of
football, for example -- even if the contact ended up causing harm.[20]
Privilege. A police officer who used force while arresting someone might try to
assert the defense of privilege. For example, if a police officer injured
someone while making an arrest, a lawsuit for assault and battery probably won't
be successful as long as the officer used a reasonable and appropriate amount of
physical force while making the arrest.[21]
Self-defense[22]
Self-defense is probably the most common defense used in assault and battery
cases. In order to establish self-defense, an accused must generally show:
a threat of unlawful force or harm against them;
a real, honest perceived fear of harm to themselves (there must be a reasonable
basis for this perceived fear);
no harm or provocation on their part; and
there was no reasonable chance of retreating or escaping the situation.
Example A: Adam is confronted by Bill, a large, imposing stranger, who
immediately begins shouting threats at him and lunging at him with fists raised
in a highly threatening manner. Adam is terrified, strikes Bill, and gets away
through the nearest exit at his first available opportunity. Adam may be able to
successfully argue that he acted only in self-defense under such circumstances.
Example B: Adam runs into Bill and gets into an argument. Bill insults and
belittles Adam, at which point Adam insults Bill and threatens to beat him up.
Bill then strikes Adam, and Adam retaliates in kind. It would be more difficult
for Adam to establish self-defense under these circumstances than those in
Example A, because Adam took part in escalating and provoking the fight by
threatening Bill.
The doctrine of self-defense has a number of limitations in addition to those
outlined above. Simply because someone acts in self-defense does not mean that
all bets are off as far as the amount of force that can be used to defend one's
self. The force used in self-defense must be reasonable when compared to the
threat posed by the victim. Also, even if all the elements outlined above are
met, an individual defending himself may still be found guilty of
assault/battery if the victim was physically no match for them in the first
place (this could be due to size, age, etc.)
Defense of Others
This defense is very similar to that of self-defense, with the only difference
being that the individual must have an honest and real perceived fear of harm to
another person. The limitations that apply to self-defense apply similarly to
defending others, and the accused must have had reasonable grounds for their
perceived fear in order to establish this defense
Defense of Property
A defendant in an assault/battery case may be able to claim that he acted only
in defense of his or her property against being invaded or illegally withheld.
It is important to note that the availability and extent of this defense varies
from state to state, however. Where available, this defense generally allows for
an individual to use reasonable force in defense of their property, particularly
where a person's own home is involved.
The law is more divided on the issue of
defending personal property. Generally, if there is some sort of dispute over
personal property, the owner is not entitled to use force to retrieve it. On the
other hand, if property has been stolen directly from an individual (e.g. by a
pickpocket, or purse-snatcher), they may have the right to use reasonable force
to recover such property
Statutory authority
Acts which can be considered as trespass but it won't if it is legally
justified. That is, if the law permits some authorities to carry out the task of
search and seizures then in that condition there can be no trespass against the
authorities. Like in the case of Elias vs. Pasmore[4]in this the police lawfully
enter at plaintiff's house, to arrest a man. From there they also took some
documents some of which were unlawfully taken. It was held that entering the
house couldn't constitute trespass but taking away documents constitutes
trespass to goods and therefore the police were held liable.
Comparison chart
Assault versus Battery
comparison chart |
|
Assault |
Battery |
Justification |
Self defense or defense |
Self defense, defense, necessity |
Common Law |
Intentional tort |
Intentional tort (Negligent tort in
Australia) |
Important aspect |
Threat of violence is enough to constitute
assault; no physical contact is necessary |
Physical contact is mandatory |
Purpose |
To threaten |
To cause harm |
Nature of crime |
Not necessarily physical |
Definitely physical |
Remedies In Tort Law By Indian Law Courts
A victim of a tort may have several possible remedies available under tort
laws. There are three basic types of remedies in tort law: Legal Remedies
(damages), Restitutionary Remedies, and Equitable Remedies.
Each of these is
discussed briefly below:
Legal Remedies for Torts:
Also known as
damages, these are monetary payments
made by the defendant for the purpose of compensating the victim for their
injuries, losses, and pain/suffering. These are calculated according to the
victim's losses rather than the tortfeasor's gains. Punitive damages may be
added in some types of tort claims. Claimants that win a judgment in court are
awarded pain and suffering damages.
Restitutionary Remedies:
These are also meant to restore the plaintiff to a
position of wholeness, as close as possible to their state before the tort
occurred.
These can include:
Restitutionary damages:
These are similar to damages, except that they are
calculated based on the tortfeasor's gain rather than the plaintiff's losses.
Replevin:
Replevin allows the victim to recover personal property that they may
have lost due to the tort. For example, they may recover property that was
stolen. Replevin can be coupled with legal damages in some cases.
Ejectment:
This is where the court ejects a person who is wrongfully staying on
real property owned by the plaintiff. This is common in instances of continuing
trespass.
Property Lien:
If the defendant cannot afford to pay damages, a judge may place
a lien on their real property, sell the property, and forward the proceeds to
the tort victim.
Equitable Remedies: These are available where monetary damages will not
adequately restore the victim to wholeness.
These can include:
Temporary Restraining Order:
Victims of physical harm or harassment may obtain a
restraining order, which prevents the defendant from making contact with or
coming near to the plaintiff.
Temporary or Permanent Injunction:
An injunction may either prohibit unlawful
activity by the defendant or it may order them to take affirmative steps.
Injunctions are common in trespassing and nuisance tort claims.
As in any lawsuit, the defendant may raise any available defenses to these types
of remedies. [23]
Conclusion
Through this comprehensive research project we could conclude that though
assault and battery seem to be similar, but are two totally different concepts
the main difference being
physical contact.
The main elements of assault are
first, the plaintiff apprehended immediate physical contact, second, the
plaintiff had reasonable apprehension and third, the defendant's act of
interference was intentional while elements for battery are first the act is
done with the intention of bringing about a harmful or offensive contact or an
apprehension thereof to the other or a third person, and second the contact is
not consented to by the other or the other's consent thereto is procured by
fraud or duress, and third the contact is not otherwise privileged.
The
defendant can use certain defenses laid down in several cases such as
self-defense, consent, statutory authority etc. Indian court provides remedies
in cases of assault and battery which are damages, restitution and injunctions
etc. With passing time we expect the tort law to develop more, as people In
India are becoming more aware about their personal rights.
Bibliography
Books:
- Blacks Law Dictionary by Henry Black
1951, 4th edition.
- The Law of Torts by Dr RK Bangia 2018 ,25th edition
- Winfield and Jolowicz on Torts
17th edition, 2006
By WVH Rogers
Papers:
- Larson, Aaron (17 August 2016). "Personal Injury Claims for Assault and
Battery". ExpertLaw. Retrieved
- VerSteeg, Russ (2016). "Consent in Sports & Recreational
Activities". DePaul Journal of Sports Law & Contemporary Problems. 12 (1): 1-39.
Retrieved 21 June 2017
- Larson, Aaron (17 August 2016). "Personal Injury Claims for Assault and
Battery". ExpertLaw. Retrieved 21 June 2017.
- Simmons, Kenneth W. (2008). "Self-Defense: Reasonable Beliefs or
Reasonable Self-Control" (PDF). New Criminal Law Review. II(I): 51-90. Retrieved 21
June 2017
End-Notes:
- Stephens v. Meyers, (1830) 4 C & P 349 : 34 RR 458
- Per Arnould, C.J. in A.C. Cama v. H. F. Morgan, (1864) 1 BHC 205, 206.
- Tuberville v. Savage, (1669) 1 Mod 3.
- R. v. James, (1844) 1 C & K 530; Osborn v. Verich, (1858) 1 F and F 317.
- Genner v. Sparkes, (1704) 1 Sak 79.
- 570 N.E.2d 27 (Ind. 1991).
- 1 Mod. Rep. 3, 86 Eng. Rep. 684 (1669).
- BVS Rao vs Nandipati Muthayya AIR 1964 AP 382
- (1704) 6 Mod, 149.
- Collins v. Wilcock, (1984) 3 All ER 374, p. 378.
- (2004) 4 All ER 969, p. 974, (para 9) (HL).
- Jai Bhagwan v. Suman Devi, (2011) 185 DLT 29.
- Pursell v. Horn, (1832) 3 N & P 564, 8 A & E 602
- (1830) 4 C & P 349 : 34 RR 811.
- Hurst v. Picture Theatres, Ltd. (1915) 1 KB 1 : 111 LT 973 : 30 TLR 642.
- 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955).
- 101 Mich. 370, 45 Am. St. Rep. 414, 59 N.W. 656 (Mich. 1894).
- PratapDaji vs BB&CC railway 1875 1 Bom 52
- Larson, Aaron (17 August 2016). "Personal Injury Claims for Assault and
Battery". ExpertLaw. Retrieved 21 June 2017
- VerSteeg, Russ (2016). "Consent in Sports & Recreational
Activities". DePaul Journal of Sports Law & Contemporary Problems. 12 (1):
1-39. Retrieved 21 June 2017
- Larson, Aaron (17 August 2016). "Personal Injury Claims for Assault and
Battery". ExpertLaw. Retrieved 21 June 2017.
- Simmons, Kenneth W. (2008). "Self-Defense: Reasonable Beliefs or
Reasonable Self-Control" (PDF). New Criminal Law Review. II(I): 51-90.
Retrieved 21 June 2017
- LawTeacher. November 2013. Tort Law Remedies Lecture. [online].
Available from: https://www.lawteacher.net/modules/tort-law/remedies/lecture.php?vref=1
[Accessed 27 November 2018].
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