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 movethe car off his foot at which point Jagan swore at him and refused to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of his duty. Is he liable for battery or assault?

Question

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 movethe car off his foot at which point Jagan swore at him and refused to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of his duty. Is he liable for battery or assault?

Examsnet · Accepted Answer

Correct Answer is :  Jagan’s crime was not the refusal to move the car but that of having driven on to the foot of the officer and decided not to cease the act, he had established a continual act of battery.

AILET 2018 BA LLB Question Paper with answer key for online practice

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