DEFENCES TO ASSAULT AND BATTERY

Why the Torts of Assault and Battery Have Similar Defences

The torts of assault and battery are very similar in a lot of respects. They are both direct physical trespass to the person of another. For instance when a battery is committed against the complainant, it also includes the tort of assault. This is due to the fact that before the actual infliction of unlawful force, the claimant was put in apprehension(assault). This would not occur only Read More…

THE TORT OF ASSAULT

Definitions of The Tort of Assault

There have been various definition proferred for the tort of assault. According to Winfield and Jolowicz p.71, assault is defined as

“an act of the defendant which causes the claimant reasonable apprehension of the infliction of battery on him.”

Gold LJ in Collins vs Wilcock 1984 All ER 374 defines assault as Read More…

THE RULE OF REASONABLE FORSEEABILITY

An Overview of the Rule of Reasonable Forseeability

The rule of reasonable forseeability means that a defendant would only be liable for damages which are a direct and foreseeable result from his actions. It must be possible to be able to draw a causal link between the action of the defendant and the loss suffered by the plaintiff. Thus, if damage cannot be proved to have been as a forseeable direct consequence of the defendant’s act, he would not be liable.

In the case Read More…

DAMAGE AND LIABILITY IN TORT

Rules For Determining Damage and Liability

For a defendant to be held liable for a tort, the plaintiff must have suffered injury that results from the acts of the defendant. The rule of reasonable forseeability would be applied in order to determine the extent of compensation to which a claimant is entitled.

However, it is not in all situations in which the defendant would be liable due to injury suffered by the plaintiff. Thus, there are three rules that are used to determine damage and liability in the law of torts: Read More…

THE RECEPTION OF THE LAW OF TORTS IN NIGERIA

The law of torts is constantly undergoing evolution till the present day. A very good example of this is the fact that till 1932, the tort of nuisance was not recognised by the house of Lords. However today, the vast majority of cases brought under the law of torts lie under the tort of nuisance. To understand how the law of torts is evolving, it would be best to understand how it came to Nigeria. Read More…