The torts affecting the person refer to trespass to the person that includes the torts of Assault, Battery, False Imprisonment and Arrest. Assault has been defined as ‘an attempt or offer to apply unlawful force to the person of another’. To constitute the tort of Assault there must be an apparent possibility at the present moment to carry out the threat. According to general principles, even on pointing an unloaded weapon or model gun at someone who does not know the fact that it is unloaded or model would amount to assault. It is a doubtful proposition whether mere words constitute a tort assault. It was held in the case of Read v Coker that “an assault was committed where the defendants threatened to break the claimant’s neck if he did not leave the premises.” Since trespass to the person is not actionable in itself, the claimant must prove either intention or negligence, though damage need not be proved.
Whenever any material object is brought into contact with the person of another, it constitutes Battery since there is enough application of force. For instance, throwing water on a person or applying a ‘tone-rinse’ to the scalp of a customer which was not ordered and caused damage to the customer. When the battery is an insult to personal dignity like forcibly taking of a finger print substantial damages are awarded. There are certain defences available against an action instituted for assault or battery. These include Self-defence, Parental or similar authority, Judicial authority, necessity, prosecution in a Magistrate’s Court and the principle of volenti non fit injuria which states that inspite of having knowledge of impending harm, if a person intentionally places himself in a position where there is a chance of infliction of harm, he cannot institute a suit if he in fact suffers harm. False imprisonment refers to imposition of bodily restraint without lawful justification. The false imprisonment need not be under bars and bolts and may include any form of restraint.
