Definition of a Tort.
A tort may consist of either wrongful act or omission. A tort has the effect of encroaching onto another’s right or interest, whether this encroachment results in actual damage or not, which entitles the other party to a remedy from which he or she will hopefully be restored to his or her previous position.
Intentional Torts: Tresspass to the Person
Tresspass to the person comprises several torts, namely the torts of:
1. Assault.
2. Battery.
3. False Imprisonment. These torts primarily protect a person’s interest in physical safety as well as freedom of movement. As these torts overlap with crimes, the discussion in criminal cases is sometimes relevant in developing these torts.
1. Intentional Torts: Tresspass to the Person
Assault
Assault may be defined as intentionally causing a person to apprehend the infliction of immediate, unlawful force on himself.
2. Intentional Torts: Tresspass to the Person
Battery
Battery may be defined as the intentional and direct application of force to another person without that person’s consent. Battery can also occur without direct contact with the attacker’s body parts but can also be through objects for example, Abu intentionally hit Ali with a stick or stone thrown.
3. Intentional Torts: Tresspass to the Person
False Imprisonment
Was defined as the restriction of a person’s freedom of movement. The person so restrained is ‘imprisoned’ so long as he cannot move to another place in accordance with his wishes. For example, Ali without any lawful justification locks Abu up in a room.
Ahmad Azhar bin Othman v Rozana binti Misbun [2020] MLJU 389
The Defendant physically assaulted the Plaintiff at Home (1st Battery) as follows:
(a)The Defendant punched repeatedly the Plaintiff on her nose and this had caused the Plaintiff to fall to the floor; (b)While the Plaintiff was lying down on the floor, the Defendant kicked and stomped on the left side of the Plaintiff’s chest; and
(c)the Defendant had used a monopod to hit the Plaintiff until the monopod broke into three pieces;
The Plaintiff sought medical treatment and made police reports against the Defendant.
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