Trespass - Assault & Battery

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  • Created by: Jamila
  • Created on: 07-04-13 22:47
Battery definition
Intentional, direct anfd immediate application or unlawful forcde to another
1 of 12
Intention can include transferred intent
Livingstone v Ministry of Defence
2 of 12
Does not mean that they meant to hurt individuals
Williams v Humphrey - push someone in swimming pool got hurt.
3 of 12
Direct & Immediate case, Scott v Shepard
Throwing a firework into the market, althogh thrown by other members still liable
4 of 12
Direct & Immediate case, DPP v K
sulphric acid .. student uses it afterwards .. not immediate held liable.
5 of 12
Wilson v Pringle
Schoolboys playing 1 got injured. The D argued that it was not an actionable battery as there was no hostility/intention to injure. held that the claim would fail if the D could demonstrate that the touchin was hostile
6 of 12
Collins v Wilcocks
provides the def by Lrd Goff and the actual general expecetions.
7 of 12
Assault
an act which causes another to apprehend the infliction of immediate unlawful force upon his person
8 of 12
Read v Coke
leeves rolled up and told him that they would break his neck if he didn't leave. Assault.
9 of 12
Stephen v Myers
he defendant made a violent gesture at the plaintiff by waiving a clenched fist, but was prevented from reaching him by the intervention of third parties. The defendant was liable for assault.
10 of 12
Can words be an assault
R v Meade - No R v Ireland - Yes.
11 of 12
Words or actions can negate the immediate force
Tuberville v Savage
12 of 12

Other cards in this set

Card 2

Front

Intention can include transferred intent

Back

Livingstone v Ministry of Defence

Card 3

Front

Does not mean that they meant to hurt individuals

Back

Preview of the front of card 3

Card 4

Front

Direct & Immediate case, Scott v Shepard

Back

Preview of the front of card 4

Card 5

Front

Direct & Immediate case, DPP v K

Back

Preview of the front of card 5
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