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Which of the following correctly distinguishes the seven torts listed under 'wrongs to personal safety and freedom' in Lesson 6?
Answer & Solution
Correct answer: C.
1. **Battery** = **any direct application of force to the person of another individual without his consent or lawful justification**. Two essentials: (i) use of force, however trivial, without consent; (ii) without lawful justification. Even a touch in anger without justification is battery.
2. **Assault** = **any act of the defendant which directly causes the plaintiff immediately to apprehend a contact with his person**. The law of assault is substantially the same as that of battery **except that apprehension of contact, not the contact itself, has to be established**.
3. The ICSI in-line question box confirms: 'When the defendant by his act creates an apprehension in the mind of the plaintiff that he is going to commit battery against him. He commits…… Answer: (B) Assault.'
4. Pointing a loaded gun, shaking a fist under the nose, aiming a blow which is intercepted — all are assault.
_Source: ICSI CS Executive — Lesson 6, '(a) Battery and (b) Assault' + question box, pp. 147-148._
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