Page 96 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

Battery: intentional and direct application of force

(touching) to another person without the person’s consent.

✓ Element of battery:

i. Mental state of the defendant (intention to do).

ii. Defendant’s act was under his control (done

voluntarily).

iii. Contact. (Contact with plaintiff’s body or clothing. No

violence is necessary).

iv. Without the plaintiff’s consent.

False imprisonment: restriction of a person’s freedom of

movement. (Cannot move to other place as wishes)
✓ Elements of false imprisonment:

i. Mental state of the defendant (intention to do).

ii. Restrain must be a direct consequence of the

defendant’s act.

iii. The restrain must be complete .

✓ Other consideration:

i. The knowledge of the plaintiff (person can be

imprison during asleep, drunkenness, unconscious)

ii. Entering premises under a contract (no false

imprisonment if he wishes to leave outside the

contract)

84