English Tort Law Essay Example | Topics and Well Written Essays - 17000 words

English Tort Law - Essay Example The Lister case involves a warden who sexually abused children under his ward whilst he was serving as the supervising head of a boarding house for troubled children in the Wilsic Hall School in Doncaster. His duties included the imposing order in the boarding house, ensuring that children went to school and participated in evening activities, were in bed on time and supervising members of the staff. It was held that the warden’s acts of sexually abusing children were done within the course of his employment because they were closely connected with his official duties. Applying the aforementioned to Gracie’s case, it would seem that the activities by Gracie outside of her actual working hours and during break hours cannot be contemplated as work within the course of her employment at the Call Centre because the employer has no control on what she does during her breaks. Therefore, only Gracie can be made liable for the tort, which in this case is the battery. The tort of trespass of battery has three elements: force; direct application of that force, and; intent to directly apply that force to another. Any touching of another person’s body can amount to the battery if done without the consent of that other party unless the touching was done as a socially acceptable act like the usual jostling that goes on during sales or a hearty slap at the back commonly done by men to congratulate each other (Harpwood 2005 267). Intent does not necessarily refer to intent to harm but intent to apply direct force to another and neither is harm necessary to prove battery.