THE NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

TORTS SYNOPSIS

Topic on: Assault and Battery

Second Trimester

Submitted To:- Submitted By:-

Prof. (Dr.) Rajiv Khare Gaurav Singh

(2018B.A.LLB34)
 INTRODUCTION

Battery

Definition: A harmful, or an offensive, touching of the plaintiff's person, caused directly or

indirectly by a voluntary act of the defendant with an intention to inflict a harmful or an
offensive touching, is a battery.

The application of force to the person of another without lawful justification amounts to the
wrong of battery. This is so, however trivial the amount or nature of the force may he, and even
though it neither does nor is intended nor it likely or able to do any manner of harm.

A touching of another’s person may be both offensive and harmful, or it may be merely
offensive and not inflict substantial harm.

Assault

Definition. An act done by one person which causes, and is intended to cause, to another an
apprehension of an immediate and harmful or offensive touching or contact with his person is an
assault.

There need be actual intention or power, to use violence, for it is enough if the plaintiff on
reasonable grounds believes that he is in danger of it. Thus it is actionable to point a gun at a
man in a threatening manner, even though to the knowledge of the defendant, but, not to that of
the plaintiff, it is unloaded. But if there is no reasonable fear there is no assault. Mere passive
obstruction does not constitute an assault, although if the plaintiff is thereby hindered from going
about his lawful occasions he may use reasonable force by way of self-help.

STATEMENT OF PROBLEM
The present study is focus on the meaning of the assault and battery. In this project we study the
element of battery and assault and also study the defenses for the battery and assault.

OBJECTIVES
The following are the objectives of the project:-

 To understand the meaning of “Battery and “Assault”.

 To understand the differences between battery and assault.
  To understand the element of batter.
 To understand the element of assault.

METHOD OF STUDY
The present study has adopted the doctrinal method of study. The study has tried to deal with the
basic concepts. It also uses secondary sources such as Books, Cases and Articles by scholar.

REVIEW OF LITERATURE
In this project following books refers:-

 The law of Torts by R.K. Bangia.

 The Law of Torts by Ramaswamy Iyer.
 Winfield and Jolowicz on Tort by W.V.H. Rogers.

TABLE OF CONTENT

1. Introduction
2. Meaning of force
3. Definition of Battery
4. Essentials of Battery
5. Defense of Battery
6. Definition of Assault
7. Essentials of Assault
8. Defense of Assault

CONCULSION

BIBLIOGRAPHY