Pursell v Horn - 1838

Modified: 16th Jul 2019
Wordcount: 293 words

Disclaimer: This is an example of a student written case summary. If you want to create an essay on any question or title, try out our AI Law Essay Writer.

Cite This

Pursell v Horn [1838] 112 ER 966

Battery, direct versus indirect contact, throwing water on a person

Facts

In this case the defendant threw water on the claimant and got both the claimant and the claimant’s clothes, wet. The claimant started an action for battery. This was a novel approach since until then battery had generally been confined to more direct contact, such as touching of a person in anger (Cole v Turner (1704)), but sought to build on cases such as Gibbons v Pepper (1695) where indirect contact causing harm was actionable (in that case the wrongful action was slapping a horse and causing it to hurt the Claimant).

Issues

The issue in this case was what degree of direct physical contact was required in order for a claim in battery to be successfully. Essentially the question was whether it was necessary for direct contact to occur between the bodies of the claimant and defendant or whether indirect contact would suffice.

Decision/Outcome

The court held that throwing water on a person can constitute a battery, regardless of the lack of physical contract between the defendant and the claimant’s bodies. The requirement for directness was not completely discarded however, as the court made a distinction between situations in which the defendant only succeeds in splashing the claimant’s clothes and a situation in which he splashes both the claimant’s clothes and their body. The defendant getting wet because their clothes became wet would be insufficient for battery, but direct contact between the water thrown and the claimant’s body was sufficient.

Cite This Work

To export a reference to this article please select a referencing style below:

Generate a new AI Essay from this title with Nomikos AI

  • Free to use
  • Takes under 2 minutes
  • No registration required
  • 2:1 level work

Suggest 3 More Related Essay Titles with Nomikos AI

  • 2:1 academic standard titles
  • Instant suggestions
  • No registration required

Get Academic Help Today!

Encrypted with a 256-bit secure payment provider