Tort Of Trespass Essay

1984 Words 8 Pages
Register to read the introduction… Therefore if an ordinary person was faced with a loaded gun or a shaking fist they would feel frightened and anxious whether or not this was accompanied by threatening words or gestures. The tort of assault is tested by looking at what the reasonable person would do or think if they were to be put in that specific situation. If there is reasonable apprehension of the use of immediate violence then assault is proven. A nurse performing professional duties is not likely to be sued for assault unless the patient can prove that they felt fear because of the nurse's actions or words and did not consent to something. For example if they did not consent to an injection and they were in reasonable apprehension about having the injection but the nurse said they were going to give them one.

Law of tort on battery:
Battery involves the touching of another person without the consent of the person being touched. There are two forms of battery: direct or indirect. Direct battery involves touching, prodding or rubbing another person without consent and examples of indirect battery are throwing water at someone or tipping over a bed
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People working in the health care field must be aware that in order to carry out any medical treatment they must respect patient autonomy and obtain informed consent from the patient. The failure to do so may result in them being sued for battery. Some people may not have the capacity to give consent to or refuse treatment and this means that the decision must be made for them. This decision is made either by the court, their family, the hospital (in an emergency) or their parents if they are a minor. This is an issue which has caused much controversy over the

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