Difference between revisions of "Causes of Action (20:App G)"

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*'''Battery''' – Battery is defined as any intentional and unwanted touching, including hitting, spitting on the claimant or cutting his/her hair.

**'''Defences:'''

#'''Lack of Intent:''' Battery is an intentional tort which means that the plaintiff must prove the defendant acted with intent in committing battery. The defendant need not intend to cause the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident

**#'''Lack of Intent:''' Battery is an intentional tort which means that the plaintiff must prove the defendant acted with intent in committing battery. The defendant need not intend to cause the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident

#'''Self-defence:''' The defendant can defeat a battery claim if he/she can show that the battery was an act of self-defence. There are three basic elements to self-defence which the defendant must prove:

**#'''Self-defence:''' The defendant can defeat a battery claim if he/she can show that the battery was an act of self-defence. There are three basic elements to self-defence which the defendant must prove:

##You honestly and reasonably believed that you were being or about to be subject to battery;

##There was no reasonable alternative to the use of force; and

@@ Line 38: / Line 38: @@
 *'''Battery''' –  Battery  is  defined  as  any  intentional  and  unwanted  touching,  including  hitting,  spitting  on  the claimant or cutting his/her hair.
 **'''Defences:'''
-#'''Lack  of  Intent:'''  Battery  is  an  intentional  tort  which  means  that  the  plaintiff  must  prove  the defendant  acted  with  intent  in  committing  battery. The  defendant  need not  intend  to  cause  the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident
+**#'''Lack  of  Intent:'''  Battery  is  an  intentional  tort  which  means  that  the  plaintiff  must  prove  the defendant  acted  with  intent  in  committing  battery. The  defendant  need not  intend  to  cause  the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident
-#'''Self-defence:'''  The  defendant  can  defeat  a  battery  claim  if  he/she  can  show  that  the  battery was  an  act  of  self-defence.  There  are  three  basic  elements  to  self-defence  which  the  defendant must prove:
+**#'''Self-defence:'''  The  defendant  can  defeat  a  battery  claim  if  he/she  can  show  that  the  battery was  an  act  of  self-defence.  There  are  three  basic  elements  to  self-defence  which  the  defendant must prove:
 ##You  honestly  and  reasonably  believed  that  you  were  being  or  about  to  be  subject  to battery;
 ##There was no reasonable alternative to the use of force; and

Difference between revisions of "Causes of Action (20:App G)"

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