As you exit a shopping mall you accidentally run into another person and knock her down. As she leaps to her feet you begin to exchange words that escalate, and you find yourself in physical struggle with the other person. After receiving several blows from her you retaliate by striking her on the head with your umbrella, knocking her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. Write a short decision on this case based on your knowledge and definition of the principles.

Assault (the threat of touching without consent) and battery (actual touching without consent) are both actionable torts. The woman may claim both since a battery occurred when she was knocked over, and then an assault and further battery occurred in the exchange of words and blows. Both parties will claim battery has occurred as a result of the struggle and both will rely on the defences of provocation and self-defence to lessen their liability. To succeed the act of self-defence must be proven to be only forceful enough to prevent further physical harm and not to inflict serious harm to the assailant. In this case inflicting a gash is probably excessive force.