Critical Analysis of Assault and Battery

  • Yash Rupeshkumar
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  • Yash Rupeshkumar

    Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, India

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Abstract

The purpose of the research paper is to make a critical analysis between assault and battery in the law of torts. It also explains the public opinion on what people think about assault and battery. The entire research paper speaks about the meaning types and defences to assault and battery, and then both are differentiated on a specific basis. In most countries, assault and battery occur when someone intentionally causes bodily harm to another person and behaves in a way that makes the victim worry that they may suffer harm in the future. This offence is also committed when someone behaves in a way that gives the victim reason to assume they may soon sustain harm. The rules of today combine these two violent crimes into a single charge, but in the past, assault and battery were both believed to be quite different offences. In the past, assault and battery were seen as two 0quite distinct crimes. So it’s important to look at remedies and defences against assault and battery. Also, the conclusion speaks about writers who thought about the topic and how important it is to differentiate between assault and battery in the law of tort. The research paper makes use of theoretical facts as well as articles regarding the differences and defences to battery and assault in the law of torts. Both battery and assault are torts committed, but there is the slightest difference, and a line is drawn due to intention.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 759 - 769

DOI: https://doij.org/10.10000/IJLMH.114345

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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