Torts in Relation to Person: Trespass to persons : A wrong affects the personal safety and freedom is often termed as “trespass t…
Torts in Relation to Person:
Trespass
to persons :
to persons :
A wrong affects the personal safety and
freedom is often termed as “trespass to person”
freedom is often termed as “trespass to person”
It may be committed negligently and
intentionally.
intentionally.
The
four forms/kinds of Trespass to person
four forms/kinds of Trespass to person
1.
Assault 2.
Battery 3. Mayhem. 4. False Imprisonment.
Assault 2.
Battery 3. Mayhem. 4. False Imprisonment.
1.
Assault: – It is
an act by the defendant that causes the claimant reasonable apprehension of
infliction of intentional and direct application of force on him.
Assault: – It is
an act by the defendant that causes the claimant reasonable apprehension of
infliction of intentional and direct application of force on him.
Case Law : Stephens V. Myers. The
plaintiff was the chairman of a parish meeting and on majority decided that
defendant should be turned out upon this defendant said he would rather pull
the chairman out of the chair than turned out of the room. Immediately he
advanced fist clinched towards the plaintiff but was stopped. Defendant was
held liable for assault.
plaintiff was the chairman of a parish meeting and on majority decided that
defendant should be turned out upon this defendant said he would rather pull
the chairman out of the chair than turned out of the room. Immediately he
advanced fist clinched towards the plaintiff but was stopped. Defendant was
held liable for assault.
2.
Case Law :
Blake V. Barnard Pointing
a loaded pistol or gun at a person will fall under assault.
Case Law :
Blake V. Barnard Pointing
a loaded pistol or gun at a person will fall under assault.
A person can be liable even if he
points unloaded pistol towards “B” as ‘B’ may not know that the pistol is
unloaded.
points unloaded pistol towards “B” as ‘B’ may not know that the pistol is
unloaded.
BATTERY
Assault becomes battery when there is intentional
application of force against another without lawful justification. It is the actual
application of force against another, done without lawful justification in
angry, rude, insolent or revengeful manner.
application of force against another without lawful justification. It is the actual
application of force against another, done without lawful justification in
angry, rude, insolent or revengeful manner.
Case Law :
Pratap Daj V. B.B. & C.L. Rly.
Pratap Daj V. B.B. & C.L. Rly.
The Plaintiff forgot to purchase the
ticket and was forced to get down from the train the force used by the
officials was lawfully justified hence no liability.
ticket and was forced to get down from the train the force used by the
officials was lawfully justified hence no liability.
Case Law :
P Kader V. K.A Algarswami
P Kader V. K.A Algarswami
Putting handcuffs to an under trail
prisoner and chaining him like a dangerous animal with a neighboring window in
a hospital is battery and the wrongdoer is liable.
prisoner and chaining him like a dangerous animal with a neighboring window in
a hospital is battery and the wrongdoer is liable.
Mayhem
If a bodily injury is such whereby
person is weekend in fighting or defending himself or to annoy his adversary
then it is called mayhem cutting off a disabling or weakening man’s hand or finger or striking out of his
eyes or fore tooth will be mayhem.
person is weekend in fighting or defending himself or to annoy his adversary
then it is called mayhem cutting off a disabling or weakening man’s hand or finger or striking out of his
eyes or fore tooth will be mayhem.
It is another form of battery and
includes all the ingredients of battery the only difference lies in the kind of
Injuries.
includes all the ingredients of battery the only difference lies in the kind of
Injuries.
False Imprisonment
Not
necessarily means prison/ jail, fallacious.
necessarily means prison/ jail, fallacious.
It actually means total restraint or
total confinement of man’s liberty whether it is in open field or on the street
or in a house.
total confinement of man’s liberty whether it is in open field or on the street
or in a house.
Therefore
it means wrongful restraint of a man’s liberty.
it means wrongful restraint of a man’s liberty.
Two essential elements
1.
There must be total restraint on the
liberty of the plaintiff.
There must be total restraint on the
liberty of the plaintiff.
2.
It must be without any lawful
justification for e.g. X goes on the roof-top and Y maliciously put lock on the gate of roof
having no other alternative has remained there for sometime
It must be without any lawful
justification for e.g. X goes on the roof-top and Y maliciously put lock on the gate of roof
having no other alternative has remained there for sometime
Knowledge of the plaintiff
It is necessary that a person must be
aware about his detention.
aware about his detention.
For e.g. A man visited a jeweler’s
showroom and on suspicion ‘A’ was asked to sit in waiting hall for filling of
form and it was the trick followed/used by the jeweler to utilize the time till
the police come for arrest later on it was found that the suspicion was wrong .
‘A’ filed a suit against jeweler and got the compensation.
showroom and on suspicion ‘A’ was asked to sit in waiting hall for filling of
form and it was the trick followed/used by the jeweler to utilize the time till
the police come for arrest later on it was found that the suspicion was wrong .
‘A’ filed a suit against jeweler and got the compensation.
False Imprisonment by the defendant
Case
Law : Gauri Prasad V. Chartered Bank AIR 1925 Cal 1884.
Law : Gauri Prasad V. Chartered Bank AIR 1925 Cal 1884.
Plaintiff was arrested and was detained
for an hour at police station Court held that plaintiff is innocent and had
committed no offence. It was held by the court that detention was unjustified
and therefore defendant liable.
for an hour at police station Court held that plaintiff is innocent and had
committed no offence. It was held by the court that detention was unjustified
and therefore defendant liable.
Partial Restraint
We know that false imprisonment means
total restraint on the liberty of person and without lawful justification but
where the – restraint is partial it does not amount to total restraint.
total restraint on the liberty of person and without lawful justification but
where the – restraint is partial it does not amount to total restraint.
Case Law :
Bird V. Jones (1845) 7 QB 742
the defendant wrongfully enclosed part the public foot-way on a bridge, to view
the boat race. The plaintiff insisted on passing along this part of the
footpath and climbed over the fence. The defendant refused to let him go
forward but told him that he might go back into the carriage way and cross the
other side of the bridge if he wished. He refused to do so and remained there
for 35 minutes. It was held that defendant is not liable.
Bird V. Jones (1845) 7 QB 742
the defendant wrongfully enclosed part the public foot-way on a bridge, to view
the boat race. The plaintiff insisted on passing along this part of the
footpath and climbed over the fence. The defendant refused to let him go
forward but told him that he might go back into the carriage way and cross the
other side of the bridge if he wished. He refused to do so and remained there
for 35 minutes. It was held that defendant is not liable.
Means of Escape
If a person did not know the means of
Escape does it amount to false Imprisonment?
Escape does it amount to false Imprisonment?
Answer – If a person with ordinary prudence could know the
means of Escape then it is not false Imprisonment than it will be considered as
partial restraint.
means of Escape then it is not false Imprisonment than it will be considered as
partial restraint.
Detention without lawful Justification
The Detention should be unlawful that
means without any lawful Justification.
means without any lawful Justification.
Case Law : Rudal Shah V. State of Bihar
AIR 1983 SC 1086
AIR 1983 SC 1086
A person was acquitted by the court in 1968 but was released
from the Jail after 14 years in 1982, court granted rupees 35,000 as Interim
Relief.
from the Jail after 14 years in 1982, court granted rupees 35,000 as Interim
Relief.
Case Law : Bhim Singh V. J & K AIR 1986 SC 494 S.C. Considered it as malicious prosecution and granted
exemplary damage to rupees 50,000.
exemplary damage to rupees 50,000.
Remedies
1.
Self
– help
Self
– help
2.
Habeas
corpus
Habeas
corpus
3.
Action
for damages
Action
for damages
Practice Exercise:
1.
A wrong that affects the personal safety and freedom is often termed as
A wrong that affects the personal safety and freedom is often termed as
A. Trespass to property
B. Breach of contract
C. Trespass to person
D. None of the above
Ans: C
2. Which of the following is a form of
trespass to person?
trespass to person?
A. Assault
B. Battery
C. Mayhem
D. All of the above
Ans: D
3.
An act by the defendant that causes the claimant reasonable apprehension
of infliction of intentional and direct application of force on him is
An act by the defendant that causes the claimant reasonable apprehension
of infliction of intentional and direct application of force on him is
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
Ans: A
4. A points an unloaded pistol towards
“B”. Will A be liable for assault?
“B”. Will A be liable for assault?
A. Yes
B. No
Ans: A
5.
Intentional application of force against another without lawful
justification is
Intentional application of force against another without lawful
justification is
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
Ans: B
6. The Plaintiff forgot to purchase the
ticket and was forced to get down from the train. Is this battery?
ticket and was forced to get down from the train. Is this battery?
A. Yes
B. No
Ans: B
7.
Does putting handcuffs to an under trail prisoner and chaining him like
a dangerous animal with a neighbouring window in a hospital amount to battery?
Does putting handcuffs to an under trail prisoner and chaining him like
a dangerous animal with a neighbouring window in a hospital amount to battery?
A. Yes
B. No
Ans: A
8. Wrongful restraint of a man’s
liberty without lawful justification is known as
liberty without lawful justification is known as
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
Ans: D
9. Does partial restraint amount to
false imprisonment?
false imprisonment?
A. Yes
B. No
Ans: B
10.
The remedies against false imprisonment are
The remedies against false imprisonment are
A Self – help
B. Habeas corpus
C. Action for damages
D. All of the above
Ans: D
