Assault and Battery

Notes:

This case deals with assault and battery, and the defences of provocation, consent and self-defence.

Please note that your examiner will hardly expressly tell you what head of torts your question deals with. It is for you to discern it from the facts, state the heads and analyze them accordingly. Unless otherwise instructed, you are advised to state all the available torts.

Secondly, note that in this case, your examiner has indicated that your answer must relate to the “physical injuries suffered,” which means you must restrict your answers specifically to assault and battery, and not concern yourself with trespass to chattel even though the facts also support that tort.

Note also that different principles apply to the tort of assault and battery as well as to the available defences. Take note of how we have applied these principles in dealing with both defences in our answer.