Flashcards in Intentional Injuries To The Person Deck (19):
Dodwell v Burford
Defendant hit the claimant's horse, the claimant was thrown off, held that direct force doesn't need to be applied to the claimant.
Tuberville v Savage
No imminent danger "if it were not assize time I would not take such language from you"
Thomas v National Union of Mineworkers
Working miners were not at danger of being imminently subjected to force, police were present.
Mbasogo v Logo
Head of state of Equitorial Guinea tried to sue mercenaries who tried to overthrow him, court held that there was no grounds for him to think he was in danger as the mercenaries did not get close to him.
Bird v Jones
Right of way through someone's land was fenced off, B claimed he had been falsely imprisoned, failed as he could leave the area and walk around the fence.
Iqbal v Prison Officer's Association
Prisoners claimed false imprisonment, but it failed as they were being rightfully imprisoned.
Meering v Grahame-White Aviation
No requirement that the claimant is aware of their imprisonment, even if they are asleep, drunk or a lunatic.
Wilkinson v Downton
C suffered nervous shock as D told her falsely that her husband had been seriously injured, held that there was sufficient intention.
OPO v MLA
James Rhodes case, Wilkinson v Downton was applied and it was held that nervous shock may occur as a result of JR's direct intention. Extended the ambit of the case.
Rhodes v OPO
Three key elements necessary for tort of intentionally causing psychological harm: (1) conduct element, (2) mental element and (3) imputation of intention by operation of a rule of law has no proper place in the law of tort.
R v Williams
Case with singing teacher telling pupil that sex was a procedure to help singing, deceit vitiated consent.
R v Tabassum
Defendant claimed breast exams were for scientific research, consent was vitiated.
KV v Chief Constable of Hampshire
Consent can be withdrawn. Police officer hugged distressed woman, there was initially consent, but this was withdrawn as the behaviour became more sexual.
R v Dica
An apparently valid consent will be vitiated if it was produced through illegitimate pressure or illegitimate exercise of influence over the person.
Chatterton v Gerson
Patient consented to operation, but did not consent to the operation being conducted in the way in which it was.
Herd v Weardale Steel, Cole and Coke
Once man had descended into mine he decided that he did not want to continue, claim for false imprisonment failed because it would have taken them so long to take him back up to the surface.
Gillick v West Norfolk and Wisbech AHA
Oral contraceptives could be prescribed to under 16s without parental consent
Court authorised sterilisation of mental patient. Held that interference may be made where its in the best interests of the patient, it is necessary and a reasonable person would take the same decision.