Trespass to Person: Battery

Question 1

Definition?

Answer 1

Actual application of unwelcome physical contact without consent or lawful excuse. s245 of Criminal Code 1899 (Qld)

Question 2

1. DIRECT APPLICATION OF PHYSICAL FORCE

Answer 2

Physical contact with plaintiff Carter v Walker

Unless contact in everyday life Rixon v Star City

Question 3

2. WITHOUT CONSENT

Answer 3

Contact sports have implied consent for contact unless it exceeds rules of game, express or implied consent McNamara v Duncan

Question 4

3. FAULT

Answer 4

Knowledge of contact is not essential by part of either party Murray v McMurchy
No liability unless the defendant intended the impact or caused it negligently Carter v Walker