Trespass To The Person- revision
- Created by: jesskeayy
- Created on: 13-04-17 20:23
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- Trespass to the person
- Direct
- Injury must follow so closely on the act that it can be seen as part of the act.
- LETANG V COOPER
- Injury must follow so closely on the act that it can be seen as part of the act.
- Forcible
- Any kind of unwanted/unlawful threat of physical interference with someone's bodily integrity.
- Injury
- Widely interpreted on a case by case basis. Can include any infringement of personal dignity or bodily integrity. There need not be any physical harm, for a trespass to the person
- Assualt
- The act of putting another person in reasonable fear of an immediate battery.
- The act must be direct and intentional. The persons conduct must amount to something which threatens the use of unlawful force.
- R V IRELAND
- TURBERVILLE V SAVAGE
- STEPHENS V MYERS
- THOMAS V NUM
- The act must be direct and intentional. The persons conduct must amount to something which threatens the use of unlawful force.
- The act of putting another person in reasonable fear of an immediate battery.
- Battery
- The direct and intentional application of unlawful force onto another person.
- Touching must be intentional to be accountable for a battery. Non-intentional touching may amount instead, to negligence.
- The problem of 'transferred malice' may arise when a person intends to hit someone, misses, and hits another. Their actions were intentional and this amounts to battery.
- The battery must be the direct result of the intentional act. There must also be an element of touching involved.
- LIVINGSTONE V MOD
- SCOTT V SHEPHERD
- LETANG V COOPER
- WILSON V PRINGLE
- The direct and intentional application of unlawful force onto another person.
- Defences to battery and assault
- If a person committing assault/battery has lawful authority to do so, there is no liability for the act.
- COLLINS V WILCOCK
- If the claimant consents to the actions of the defendant, there will be no action. Consent may be expressed or implied.
- SIMMS V LEIGH RUGBY CLUB
- In medical treatment, for consent to be effective, it must be real. The victim must understand what they are consenting to and freely consent to this.
- RE C
- Anyone is entitled to use reasonable force in self-defence or to protect others. The force must be proportionate to the threat/danger.
- COCKROFT V SMITH
- If a person committing assault/battery has lawful authority to do so, there is no liability for the act.
- False imprisonment
- Occurs when a person is unlawfully restrained or prevented from leaving a space.
- There must be an element of restraint. The restraint must be total, with no means of escape.
- There need not be an element of intention anymore, to be liable for false imprisonment.
- BIRD V JONES
- MEERING V GRAEME AVIATION
- MURRAY V MOD
- There need not be an element of intention anymore, to be liable for false imprisonment.
- There must be an element of restraint. The restraint must be total, with no means of escape.
- Occurs when a person is unlawfully restrained or prevented from leaving a space.
- Defences to false inprisonment
- A person is entitled to impose a reasonable condition for release of the claimant. There is usually a reasonable contractual provision.
- HERD V WEARDALE STEEL
- A person is entitled to impose a reasonable condition for release of the claimant. There is usually a reasonable contractual provision.
- Direct
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