PRACTICE QUESTIONS

With the aid of IRAC rule, to answer the following questions:

1. Mr. Eze and his friend Ojo had a heated argument that resulted in Eze slapping Ojo. Distraught
about the incident, Eze’s friend headed for the police station to lodge a complaint.pursuant to
the complaint, the police bolted into Mr. Eze’s house, used his pistle to hit him 20 times, and
then locked him up in his bedroom for 24 hours without questioning him. Eze has approached
you on the possibility of bringing an action against the police officers. Advise him.

2. Mrs. Floral and her husband had a heated argument during which he raised his hands to beat
her but was intercepted by his 23 year old son. She suffered a psychological trauma that led her
to visit the hospital for treatment. On her way to the hospital, she was stopped by a police
officer who insisted to search her vehicle, she attempted to resist the authority of the officer as
a result, was forcefully pushed to the wall thereby sustained serious injury on her arm, the
officer, not only pushed her to the wall, brought out his stake and started hitting her to the point
that she fainted. She was also detained in the cell on that condition for 3 hours before she was
rushed to the hospital. On getting to the hospital, the doctor examined her and decided to
conduct a medical procedure on her without her consent. Upon recovery and shocked at what
was done to her, decided to bring an action against the hospital, her husband, and the police
officer.

As her legal adviser and personal attorney, with relevant cases, advise Mrs. Floral on the
possible legal actions that can be taken against these persons.

3. Ali, on his way back from school decided to participate in a football match at the stadium
during the event, he was hit by his opponent, Gbenga and sustained an injury. After the match,
he decided to visit the hospital for treatment. On his way to the hospital, he got a call from his
father, Olu, to come home immediately. On getting home, his father chastised him, by flogging
him 5 strokes on his buttocks, for disobeying his instructions. He later administered first aid to
his injury. Ali’s friend is suggesting that he sues both Gbenga and his father for battery. As a
Legal practitioner, discuss the proprietary or otherwise of this advice.

(b) With relevant judicial authority, discuss the essential elements of the tort of Assault