CRITICAL ANALYSES ON CASES INVOLVING TRESPASS TO A PERSON
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Submitted by
-------Sanya Singhal------
Declaration of Originality
‘I hereby declare that this submission is my work and to the best of my knowledge it contains no materials previously published or written by another person. I also declare that the intellectual content of the thesis is the product of my work, except to the extent that assistance from others in the project’s design and conception or style, presentation, and linguistic expression is acknowledged.’
Signed………
Date-
TABLE OF CONTENTS
CHAPTERIZATION----------------------------------------------------------------------------3
CHAPTER I
INTRODUCTION--------------------------------------------------------------------------------4
1.1INTRODUCTION -----------------------------------------------------------------------------4
1.2 RESEARCH OBJECTIVE -------------------------------------------------------------------4
1.3 RESEARCH QUESTION---------------------------------------------------------------------4
1.6 REVIEW OF LITERATURE ---------------------------------------------------------------4-5
CHAPTER II
CASE ANALYSIS OF “ASHLEY AND ANOTHER V CHIEF CONSTABLE OF SUSSEX POLICE[1]” ------------------------------------------------------------------------------------------5-7
CHAPTER III
ASSAULT AND BATTERY------------------------------------------------------------------7-10
CHAPTER IV
JUSTIFICATIONS----------------------------------------------------------------------------11-12
CHAPTER V
ACT UNDER pRIVATE DEFENSE----------------------------------------------------12-14
CHAPTER VI
DAMAGES-------------------------------------------------------------------------------------14-15
CHAPTER VII
4.1 CONCLUSION--------------------------------------------------------------------------------15
4.2 SUGGESTION-----------------------------------------------------------------------------15-16
CHAPTERIZATION
· Chapter 1 includes a brief explanation of trespass to a person and provides a basic explanation of how assault and battery came into the law of torts it includes the case in which it was introduced by the Privy Council and a brief on what is included in this research project.
· Chapter 2 is a case analysis of Ashley versus the chief constable of the Sussex police. It includes the facts of the case in detail along with what was held by the privy council in the following case the chapter also includes the basis on which the judgment was held.
· Chapter 3 includes a brief explanation of what is assault and battery along with many case losses to discuss the evolution of assault and battery discussing Indian and foreign case laws.
· Chapter 4 includes justification of trespass to a person apart from the general justification under the law of torts. Case laws have been used by the researcher to provide a clear clarification on Expulsion of the trespasser, Retaking of goods Lawful correction, Preservation of public peace and Statutory authority.
· Chapter 5 includes private defence under the trespass to a person especially assault and battery along with a case law explanation of the same.
· Chapter 6 includes the damages which are awarded to the plaintiff when he suffers under the tort of assault and battery.
· Chapter 7 includes the conclusion of the whole research paper along with some suggestions from the point of view of the researcher.
CHAPTER I
INTRODUCTION
Any invasion which is direct in nature towards a protected interest of a person from a positive act is actionable under trespass do it is subject to some justification like if the invasion is unintentional or indirect then the person cannot be held liable whether the conduct was reasonable or unreasonable. As noted in the case of Fowler v. Lanning the defendant while in a shooting party shot a bullet towards an aim which by fault hit the plaintiff, in this case, it was held that as the plaintiff was not able to prove the defendant's intentions on negligence he did not provide it compensation. So in this case it was laid down that plaint has the duty to prove negligence or intention on the part of the defendant. In the case of “Letang vs Cooper” the plaintiff was Run over by a car while she was sunbathing which resulted in the loss of Her legs she bought a Suit against the defendant after three years of the accident for negligence and trespass to a person the claim for negligence was awarded but for trespass it was held diet when and injuries caused unintentionally but negligently then it is negligence and not trespass that's only intentionally invasions remained under trespass. The three chief forms of trespass to a person are assault battery and false imprisonment.
Hence the article talks about how claims, in this case, were justified with views from the author.
“Ashley (FC) and another (FC) (Respondents) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 25” is English case law. This article includes various Indian and English case laws related to Assault, Battery, and false imprisonment. The article revolves around tortious liability based on Trespass to a person.
RESEARCH OBJECTIVES
· To understand the difference in the meaning of self-defense with respect to civil and criminal law.
· To study the civil law action in the cases of assault and battery.
· To understand whether the act of the abovementioned officer will amount to false imprisonment.
RESEARCH QUESTIONS
· What is the role played by Malice, Reason, and Mistake in the case of Assault and Battery?
· Was the act of Police officer unlawful and amounted to Battery?
· On whom does the Burden of Proof lies in the case of Assault and Battery?
· To what extent the Justification of self-defense can be used in the case of Trespass to a person?
REVIEW OF LITERATURE
· The law of torts by “Ratanlal and Dhirajlal”[2] available on LexisNexis gives a detailed explanation on the topic of trespass to a person especially assault and battery it includes various Indian and foreign case laws for a clear understanding of the reader. It provides sufficient information about the given topic to a researcher for his research work it provides detailed justification and damages under the tort of trespass to a person.
· “Winfield and Jolowicz on Tort” [3]has an exhaustive explanation on assault and battery including justification and damages under the tort of trespass to a person it provides The Reader with many case laws to increase the level of understanding. It includes a piece of detailed information about the history and evolution of the tort of assault and battery.
· “Intentional Torts: Some Thoughts on Assault and Battery”[4] by F. A. Trindade This article talks about assault and battery which together with false imprisonment makes the tort of trespass to a person this article the changes in the tort of assault and battery in the present time where crime has increased and also includes opinions of the author on the same.
· Ashley v. Chief Constable of Sussex Police, [2008] UKHL 25.- This case involves the law of tort for trespass on which detailed research has been done in Chapter 2 to which includes case analysis judgment given by the court and the basis on which the judgment was given.
[1]Ashley v Chief Constable of Sussex Police, [2008] UKHL 25. [2] RATANLAL & DHIRAJLAL, THE LAW OF TORTS 223-226(28thed.2019) [3] WINFIELD, P., JOLOWICZ, J. AND ROGERS, WINFIELD AND JOLOWICZ ON TORT p.150. (London: Sweet & Maxwell), (18th ed) [4] F. A. Trindade, Intentional Torts: Some Thoughts on Assault and Battery, 2 OXFORD JOURNAL OF LEGAL STUDIES 211, 211–237 (1982).
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