Week 11 Torts to Person

An assault is the unlawful laying of hands on another person, or an attempt or offer to do a corporal hurt to another, coupled with an apparent present ability and intention to do the act . " Any gestures calculated to excite in the party threatened a reasonable apprehension that the party threatening intends immediately to offer violence, or, in the language of thePakistan Penal Code, is ' about to use criminal force ' to the person threatened, constitute, if coupled with a present ability to carry such intention into execution, an assault in law" .Striking at a person with or without a weapon ; holding up a fist in a threatening attitude sufficiently near to be able to strike  presenting a gun or pistol, whether loaded or unloaded, in a hostile and threatening manner, within gun-shot or pistol-shot range, and near enough to create terror and alarm ; riding after a man with a whip threatening to beat him ; shaking a whip in a man's face ; advancing with hand uplifted in a threatening manner with intent to strike, although the person is stopped before he gets near enough to carry the intention into effect ; and any gesture or threat of violence exhibiting an intention to assault, with the means of carrying that threat into effect, will constitute an assault. Battery on the other hand is the actual use and application of the force upon another person without lawful justification. How much force is used is immaterial. least touching a person in rude and inordinate manner is battery. 

Recommended Cases

Cama v. Morgan, i B. H. C. 205

 Cole V. Ttmier 6 Mod. 149

William v. Jones, Hard. 301

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