8/7/2019 CTA Interview Q. Summary Advice

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Summary advice

L: Ok Mr Faizal, with regards to your matter, since you were badly injured due to ?? act, you can sue

him for one of the type of trespass to person which is battery. Battery means a direct application of

force or a direct contact of a person without that person consent. For example, if a person touch

another person by way of force or without that persons consent, then he will be liable for battery.

Are you following me Mr Faizal?

F: Yes.

L: If you have any question, feel free to stop me. For battery, there are 4 elements to be established

before you can sue for it. First, we must look whether that person, meaning that, the person who

committed battery has any intention to do so. If the person had intention to cause the act, then he is

liable for battery.

F: Meaning that, the person must intend to use force on me, then he is liable for battery?

L: Yes. That would be the first element. We need to satisfy another 3 elements. But in your situation,

we can prove that ?? has motive or intention to cause you injury because he is very angry on the fact

that you stole his girlfriend right?

F: Yes.hahaha.

L: So, basically referring to the fact that you gave me earlier, we can prove that he intended to hurt

you or have an intention to do so. So now we can go to the second element of battery which is, we

must prove that the assailant act under his own control. Meaning that he must do the act

voluntarily, or in a more simple word, the act done was by his own will. Are you following me?

F: Can you give example for that.

L: There are some cases where for example, A was riding a horse and B hit the horse from behind

and caused the horse to collide and injured the plaintiff. Here, B is not liable as the reason for that

horse to collide is outside of Bs control. But in your situation Mr Faizal, ?? acted voluntarily to hurt

you as he had acted by himself and came to your house with an intention to hurt you. Therefore, it

can be said that the second element is proven. Are you following me Mr Faizal?

F: yes.

L: Now the third element is there must be a contact by way of force against you. In your case, there

is definitely a body contact against you as there is an injury suffered by you, so the third element

already fulfilled. And lastly, the act done by ?? must be without your consent. By looking at your

injury, definitely you did not consented to it right? Haha

F: Definitely not. Hahaha. So, do you think that in my case, all the elements of battery had been

fulfilled?

L: By looking at the fact that you gave me, all of the elements of battery are established and ?? can

be liable for it.

F: ok, that is good to hear, but is there anything else that ?? can be liable of? (time ni orsya start)