Tort law Essay Example | Topics and Well Written Essays - 1750 words

Tort law - Essay ExampleHowever, contact is the basic element of battery. Since contact is an essential element of battery, on that point mustiness be an absence of contact for an set upon. In other words loosing battery comes below the ambit of an assault2. As per the law of UK both the offenses can be book under criminal and law of tort. Therefore, anyone who found guilty under the offenses is liable for prosecution under the criminal and civil law. Under the criminal law assault is an attempt to commit a battery one some ones body3. Intention or motive behind an offense is necessary. The defendant or the round downer must have purpose or motive to harm someone bodily. Assault and battery have two motives a) one in revenge and b) in self defense. The goal or motive involved in assault and battery should appear on the body of the aggrieved person. If there is no intention or motive of a person to bodily harm another person, legally cannot be considered guilty of offenses as mentioned hereinabove4. Consent In all cultured states, consent is used in defense of civil assault and battery by the offenders. However, combating with mutual consensus does not deprive anybody of his or her legal right to sue. However, there is difference of opinion amongst the jurists whether the criminal assault or battery can be used in defense of any person. ... Self-Defense A normally used term wherein a person can use a certain degree of force to save himself from bodily injuries inflicted upon by another person. at present it is up to jury to determine whether the degree of force used in self defense is valid and permissible under the law. If a man by his or her own will initiate fight without justified reasons against another person cannot be treated such fight in self dense. Here, the intention and motive of a person does matter6. As far as the use of force against the offender with an object to save himself or herself in retaliation of an assaulters attempt is justif iable under the law. In all the countries around the globe, a defender can use deadly weapon to save his or her life provided his or her life is in danger. In majority states, law provides support to a person who may stand in front of an attacker to defend himself although the chances of safe escape from the scene are there7. The court will examine the degree of force used by the defender against the offender under the circumstances was justified or not. The following factors should be taken into account by the jury while deciding the matter a) age b) size and c) speciality of participants8. Defense of Others Helping out others in their turmoil or in case of need treated valid defense provided the defender was not at fault. In case of defending others, the defenders right to claim self defense of a protected person cannot be undermined. In a couple of(prenominal) cases the defender reasonably believes that he or she was in need of help to come out of the worst scenario9. The law of tort treats the assault and battery an attack on the security and safety of a person life hence the wrong done to the victims attracts compensation for the damages. Under the civil law, the