Plaintiff Case Summary

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Facts: The Plaintiff was a nurse who was employed to look after a patient who was insane. During the period of ‘fourteen months or so’ while the plaintiff cared for the defendant, the defendant ‘had a few odd spells,’ when she showed some hostility to the plaintiff and said that ‘she would like to try and do something to her.’ The defendant had been violent at times and had broken dishes ‘and things like that,’ and on one or two occasions the plaintiff had to have help to subdue the defendant. On April 19, 1932, the defendant, while locked in her room, had a violent attack. The plaintiff heard a crashing of furniture and knew that the defendant was violent, dangerous and out of his sane mind. Though the Defendant was in an unsound mental…show more content…
The court will not further inquire in the peculiar mental condition with an aim to make him less or not liable at all and he will be treated with the same standards of a normal person. Also, the defendant knew that he will injure the plaintiff by hitting him. The defendant cannot use volunti non fit injuria as a complete defense as he intentionally struck the plaintiff. Further, it was the plaintiffs duty to protect and take care of the defendant. The role of fault does not need to be considered in this case. The Defendant was capable of entertaining and did entertain an intent to strike and injure P and that she acted with that…show more content…
Here, the plaintiff is a nurse appointed to take care of a mentally unsound patient who is the defendant in this case. The torts of assault and battery have been charged against the defendant. This is also a case in which the defendant is held liable even though she is mentally unsound mind. It also sets a rule that an insane person is liable for the civil wrongs he intentionally commits. Assault falls under section 351 of the IPC and has civil as well criminal liability. Battery falls under section 350 and has civil and criminal liability as
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