Defences for Trespass to the Person

Question 1

What are the 3 types of defences?

Answer 1

Self defence, Defence for other, Defensive Property

Question 2

When can you use self defence?

Answer 2

• Unlawful use of force against them
• Under reasonable apprehension that force is about to be used unlawfully against them

Question 3

How will self-defence be successful?

Answer 3

• Court will look whether they tried to ‘avoid using force’
• Acted ‘proportionally’ to the offence committed

Question 4

What if defendant believes they need to resort to force but are wrong BASED ON FACTS?

Answer 4

1. Genuinely believe the mistaken set of facts
   - Mistaken belief must have been reasonable

Question 5

Does the ‘Defence of Other’ relate to anyone in particular?

Answer 5

No

Question 6

What is the feature of Defensive property?

Answer 6

• Lesser degrees of force used rather than a person
• Plaintiff MUST ask the defendant to leave before using force

Question 7

What is Defence of Necessity?

Answer 7

• Trespass was reasonably necessary to protect that person, goods or land from imminent danger

Question 8

What elements must be satisifed for necessity?

Answer 8

1. Danger to personal property
2. Action taken by person in response to imminent danger must be reasonably necessary
3. Action must be reasonable
4. Defence of necessity only available to defendent were imminent Pearl is not of their on making

Question 9

How does necessity relate to Medical Treatment?

Answer 9

• If ‘impractiable to communicate’ such as patient is unconscious, then medical decision MUST be made
• Doctor MUST act in best interest of patient

Question 10

Defences of trespass to land?

Answer 10

• Consent can be expressed or implied
• ‘Critical period’ for defendant, where the revocation of consent will NOT be effective