Question

PRINCIPLE The use of force with the intent to cause harm, or annoy or induce· fear is termed as the Torts of battery.

FACTS A group of construction workers was negligently handling bricks bycatch and throw. Simmons was passing by the site where one such brick fell on Simmons and he brought a case of battery against the contractor under whose employment the workmen were carrying out the construction.

Options

• The case cannot be described as a battery as the requisite Intention was not present

• The case cannot be described as a battery as Simmons should have been more careful

• The case can be described as a battery as Simmons was injured

• The case can be described as a battery as the workers ought to have been more careful

Answer 1

The case cannot be described as a battery as the requisite Intention was not present