Principle: Intentional Application of Force to Another Person is Actionable in Law. - Legal Reasoning

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MCQ

Principle: Intentional application of force to another person is actionable in law.

Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on to the floor and is injured.

Options

  • 'D' is not liable as such jokes are common in the society

  • 'D' is not liable as 'P' is not seriously injured.

  • 'D' is liable as he intentionally caused injury to P.

  • 'D' is not liable as the injury is not directly caused.

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Solution

'D' is not liable as the injury is not directly caused.

Explanation:

Criminal and Civil Law, 'battery' is He intentional touching of, or application of force to, the body of another person in a harmful or offensive manner  (without consent). Three main elements are (1) intent (2) contact (3) Harm. In the given case  "contact" is missing. The reasonable conclusion is drawn that D is not liable as the injury is not directly caused is the correct answer. 

Concept: Study of Law (Entrance Exams)
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2015-2016 (May) Set 1

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