BPP SG CH2: Trespass To The Person

Question 1

Whatdoes trespass to the person protect you from?

Answer 1

• direct deliberate physical harm
• unlawful contact
• unjustified restriction of liberty

Question 2

What are the three most important torts in trespass to the person?

Answer 2

• assault
• battery
• false imprisonment

Question 3

What damage needs to be committed for these torts to be brought?

Answer 3

no damage at all - they are actionable per se

Question 4

Define battery.

Answer 4

direct and intentional application of force by D to the claimant without lawful justification

Question 5

Can trespass to the person occur through a negligent act?

Answer 5

no, intention is always required

Question 6

What case sets out the need for intention to bring a claim of trespass to the person? What happened?

Answer 6

Fowler v Lanning

- the statement of claim did not mention whether the shooting was intentional or negligent

Question 7

What constitutes the application of force? Give a case that demonstrates this.

Answer 7

• any physical contact.
• No need for actual damage
• R v Cotesworth spitting was held to be battery

Question 8

What circumstances need to surround the application of force to qualify it as TTP? What case justifies this?

Answer 8

• element of hostility
• the application of force/touching has not been consented to.
• Wilson v Pringle, a boy gets hurt while playing with another in a playground.

Question 9

Where is the defence of consent usually argued?

Answer 9

• medical claims

- lawful sports

Question 10

What is the exception to the defence of consent? What case?

Answer 10

If actual bodily harm has been suffered then it is immaterial that there was consent
- R v Brown

Question 11

Define assualt.

Answer 11

an act by D which directly and intentionally causes the claimant to apprehend a battery or physical contact

Question 12

Can words amount to an assault?

Answer 12

Yes depending on the circumstances. R v Wilson - they could be assault if they create the apprehension of battery. R v Ireland - silent phone calls were assault.

Question 13

Explain how assault needs to be have a “direct” effect. Give an example.

Answer 13

Threats to harm in the future are unlikely to be assault. Eg Thomas v National Union of Miners - strike breakers were protected from police and therefore had no reason to fear immediate harm.

Question 14

Give an example of a case where the direct element of assault was satisfied.

Answer 14

Stephens v Myers - D was prevented from attacking claimant at a church council meeting.

Question 15

What does ‘ex turpi causa’ mean?

Answer 15

it is a defence that argues that the claimant should not be able to pursue a claim if it arises from their own illegal act.

Question 16

What does ‘volenti’ mean?

Answer 16

‘volenti non fit injuria’
to a willing person injury is not done
consent.

Question 17

Define false imprisonment.

Answer 17

act of D which deliberately and intentionally causes the complete restriction of the claimant’s liberty without lawful justification

Question 18

How do you show imprisonment?

Answer 18

• show claimant’s liberty has been restricted in all directions
• show he is being constrained within limits imposed by another

Question 19

What doesn’t constitute imprisonment?

Answer 19

inconvenience or partial restriction

eg Bird v Jones where claimant was prevented from using part of a bridge

Question 20

Define ‘false’

Answer 20

without lawfuljustification

Question 21

What kind of imprisonment may seen as justified?

Answer 21

if the imprisonment was due to the claimant failing to comply with a contractual obligation eg Robinson v Balmain New Ferry or Herd v Weardale Steel

Question 22

How does imprisonment have to be handled in regards to lawful arrest?

Answer 22

• claimant must be informed they have been arrested (Christie v Leachinsky)
• claimant must be taken to a police station as soon as practicable (John Lewis v Tims)