Trespass to the person
- Created by: ElleW88
- Created on: 03-12-19 17:44
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- Trespass to the Person
- Assault: An act, Intentionally or recklessly which causes another person to apprehend the infliction of immediate, unlawful force on his person.
- Collins v Wilcock
- Battery: The actual infliction of unlawful force on another person intentionally or recklessly.
- Subjective test
- Wilson v Pringle 1986
- Prank by school boy could be considered battery if his actions were hostile
- F v W Berkshire
- Nash v Sheen
- Battery: The actual infliction of unlawful force on another person intentionally or recklessly.
- Intention
- acted voluntarily and have intended to casue the claimant to apprehend the force
- Or be subjectively reckless as to the possibility that their actions will cause the claimant to apprehend force.
- Reasonable Apprehension
- Must reasonably anticipate the force. e.g creeping up behind someone will not be assault.
- Test objective, e.g doesn't matter if they are timid
- Stephens v Myers 1830
- Test objective, e.g doesn't matter if they are timid
- R v St George 1840
- Must reasonably anticipate the force. e.g creeping up behind someone will not be assault.
- Of immediate and direct application of unlawful force
- R v Ireland 1998
- Silent Phone calls can amount to an assault
- Thomas v NUM 1985
- Read v Coker
- Words without a threatening gesture can amount to an assault
- R v Wilson
- shouted get the knives - words by themselves amounted to an assault
- Tuberville v Savage 1669
- The words were not an assault because they did not indicate violence would ensue
- R v Ireland 1998
- Iqbal v Prison Officers Association 2010
- Intention
- Subjective recklessness- aware this is a likely consequence of their actions.
- Intention
- Collins v Wilcock
- Battery: The actual infliction of unlawful force on another person intentionally or recklessly.
- Subjective test
- Wilson v Pringle 1986
- Prank by school boy could be considered battery if his actions were hostile
- F v W Berkshire
- Nash v Sheen
- False Imprisonment: The unlawful constraint of another's freedom of movement from particular place, intentionally or recklessly.
- Intention
- Subjective recklessness- aware this is a likely consequence of their actions.
- A complete restriction of the claimant's freedom of movement
- Bird v Jones 1845
- not FI if C able to move in another direction
- not IF if there is reasonable means of escape
- Bird v Jones 1845
- Without legal authorisation
- Murray v MOD 1988
- Defences
- Herd v Weardale Steel Co 1915
- No FI Volenti Non Fit Injuria Person cannot bring an action if they willingly put themselves in that position
- Herd v Weardale Steel Co 1915
- Intention
- Defences
- Consent Volento non fit injuria
- Freeman v H.O. No2
- Necessity
- Leigh v Gladstone
- F. V W. Berkshire H.A
- Self-defence
- Lane v Holloway
- The chaplin of Gray's Inn case
- Lawful authority
- Statutory Authority
- The rule in Wilkinson v Downton
- Janvier v Sweeney
- Thomas v News Group Newspaper
- Consent Volento non fit injuria
- Assault: An act, Intentionally or recklessly which causes another person to apprehend the infliction of immediate, unlawful force on his person.
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