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Words: | Submitted: Wed Mar 03 2004
... be liable for a battery, as she has not actually touched Chloe in any way. However from the case of DPP v K concerning a schoolboy pouring sulphuric acid into a hot air shaft and when another comes to use it the acid blows onto his face resulting in permanent scarring, it was found that force could be applied directly or indirectly. Indirectly would apply in those situations where the accused creates an obstruction or places an object, which results in force being applied to the victim when the victim carries out some form of conduct. In this case Reena removes screws from a chair so that when the victim for whom this booby trap situation was created sits on it, it collapses. It is now held that a positive act is required to commit a battery and Reena's conduct constitutes a positive act. The fact that Chloe not Belle ...
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