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    Hey guys

    Got a question I need help with

    Is pushing someone out of the way assault or battery?

    Thank you
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    Assault is an act committed intentionally or recklessly threatening, or leading a person to apprehend, the immediate use of violence. Battery is the use of such force and an assault would become a battery if applied with force and without consent. The latter requires proof of intentional application (see, for example, Wilson v Pringle) Battery must also be a positive act (Fagan v Metropolitan Police Commissioner).

    Therefore, pushing someone is a positive act and, with the intentional application and without consent, as per Wilson v Pringle, would give rise to battery.
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    Thanks
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    Theaudience had left the theatre calmly, except for Angela Rush. Angela would notwait to leave her seating row and pushed Jen Mallah out of the way. This causedJen to fall and in doing so, she cut her leg.

    How would we relate battery and assault to this scenario ?please
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    thank you
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    I cannot find the facts and judgement of this case Gibbons v Pepper (1695)) please can you tell me about this case
    thanks
 
 
 
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