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Tort > Trespass to the Person > Flashcards

Trespass to the Person Flashcards

1
Q

Battery must be committed intentionally

A

Fowler v Lanning

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2
Q

There must be a direct act for there to be a battery

A

Reynolds v Clarke (throwing log)

Fagan v MPC

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3
Q

The least touching of another in anger is battery

A

Cole v Turner

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4
Q

Spitting in face is a battery

A

R v Cotesworth

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5
Q

Suggestion that there is an additional requirement of hostility in battery

A

Wilson

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6
Q

Consent may be a defence

A

Nash v Sheen

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7
Q

Consent in medical treatment

A

Airedale NHS Trust v Bland

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8
Q

Consent is immaterial if ABH suffered

A

R v Brown

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9
Q

Assault is an act that produces in the claimant a reasonable expectation of immediate, unlawful force

A

R v Beasley

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10
Q

Words alone may suffice for an assault

A

R v Wilson

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11
Q

R v Ireland

A

Silence, which causes psychiatric damage, may amount to an assault

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12
Q

Words negated assault

A

Tuberville v Savage

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13
Q

Threat to harm must be present

A

Thomas v NUM

Stephens v Myers

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14
Q

Residuary trespass

A

Wilkinson v Downton

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15
Q

harassing phone calls to claimant = residuary trespass under wilkinson v downton

A

Khorasandijan v Bush

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16
Q

Self-defence

A

Lane v Holloway

17
Q

Ex turpi causa

A

Lane v Holloway

18
Q

False imprisonment- must show restriction in all directions

A

Bird v Jones

19
Q

False imprisonment, not necessary for claimant to be aware of his situation

A

Meering v Grahame-White, confirmed in Murray v MOD

20
Q

Act must be direct act by defendant

A

Sayers v Harlow

21
Q

No need for any force for false imprisonment; words may be enough

A

Davidson v Chief Constable of North Wales

22
Q

Confinement may be justified if claimant has failed to comply with a contractual obligation

A

Robinson v Balmain New Ferry; Herd v Weardale Steel

23
Q

Lawful arrest - must be informed of reasons

A

Christie v Leachinsky

24
Q

Wrongful continuation of an original lawful imprisonment may be false imprisonment

A

Roberts v Chief Constable of Cheshire

Tort (12 decks)

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