Assault and battery

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assault-battery

Winfield has given an interesting example , distinguishing assault and battery , which is popularly accepted by all . According to Winfield , when a person is going to sit on a chair , just at that moment if the chair is pulled away , the wrongful act of pulling away the chair is assault . The moment he falls on the floor and gets hurt , it is battery . Likewise , to throw hot water at a person is assault . But the moment , the hot water falls on the person , it is battery .

It has been observed by an eminent writer that assault and battery are like ham and eggs . But there are subtle points of distinctions between assault and battery .

The points of distinctions may be shown in the following tabular form .

 

  Assault.
Battery.
1. Assault is an action which puts the victim in instant fear of unlawful force though no force may actually be applied . Application of unlawful force to another’s person is battery.
2. Assault includes mere fear of physical violence without any physical contact . In battery physical contact as a result of the violence is must .
3. Assault may not be ended in battery . As for example , if X lifts up his stick aiming at y , that is battery . But every battery includes assault.
As for example , if X lifts up his stick aiming at y , and beats him , the beating is battery .
4. Where the wrongful act shows that there is reasonable apprehension of immediate violence , the act is assault . But when the apprehension of violence takes the effect by touching the victims person , that is battery