Battery - Law of Torts - Notes

Battery - It is an intentional tort. Application of force on another without any lawful justification is called battery. It has three elements:-

• Reasonable apprehension of threat.
• Intention to use force.
• Capacity to cause injury.

Stanley v. Powell ([1891] 1 QB 86 )- Powell, who was the member of a shooting party, fired at a pheasant but the pellet from his gun glanced off a tree and accidentally wounded Stanley, another member of the party. It was held that Powell was not liable. If the act is wilful or negligent, the defendant would be liable.

Letang v. Cooper ([1964] 2 All ER 292) - Plaintiff was having a sunbath in parking lot when defendant riding on a motorbike crushed his legs. Since there was no intention on part of defendant the plaintiff's motion failed.