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Difference between revisions of "Causes of Action (20:App G)"
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Causes of Action (20:App G) (view source)
Revision as of 05:27, 17 August 2020
, 05:27, 17 August 2020→Defences:
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Battery is defined as any intentional and unwanted touching, including hitting, spitting on the claimant or cutting his/her hair. | Battery is defined as any intentional and unwanted touching, including hitting, spitting on the claimant or cutting his/her hair. | ||
====='''Defences:'''===== | ====='''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 | |||
#'''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 | |||
##The use of force was proportional to the actual or perceived threat. | |||
==== c) Breach of Privacy ==== | ==== c) Breach of Privacy ==== | ||