Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
2. A battery consists of an intentional application of force to another person without any lawful justification.
FACTUAL SITUATION : Jagan was in his car when he was approached by a police officer who told him to move the vehicle. Jagan did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at the police officer. The officer forcefully told him to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of duty. Is he liable for battery or assault ?
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
2. A battery consists of an intentional application of force to another person without any lawful justification.
FACTUAL SITUATION : Jagan was in his car when he was approached by a police officer who told him to move the vehicle. Jagan did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at the police officer. The officer forcefully told him to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of duty. Is he liable for battery or assault ?
LEGAL PRINCIPLE :
1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
2. A battery consists of an intentional application of force to another person without any lawful justification.
FACTUAL SITUATION : Jagan was in his car when he was approached by a police officer who told him to move the vehicle. Jagan did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at the police officer. The officer forcefully told him to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of duty. Is he liable for battery or assault ?
Updated On: Aug 5, 2024
- He is not liable because there cannot be an assault in omitting to act and that driving on to the officer’s foot was accidental, meaning that he was lacking mens rea when the act causing damage had occurred.
- He is not liable because the act neither amount to an attempt nor a threat to commit a battery that amounts to an actionable tort of assault.
- Jagan’s crime was not the refusal to move the car but that of having driven on the foot of the officer and decided not to cease the act, he has established a continual act of battery.
- He is neither liable for assault not battery as he accidently drove his car on the police officer’s foot.
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The Correct Option is C
Solution and Explanation
The correct option is (C): Jagan’s crime was not the refusal to move the car but that of having driven on the foot of the officer and decided not to cease the act, he has established a continual act of battery.
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