Trespass to the person

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  • 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
      • 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
        • R v St George 1840
      • 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
      • Iqbal v Prison Officers Association 2010
        • Intention
          • Subjective recklessness- aware this is a likely consequence of their actions.
    • 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
      • 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
    • 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

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