Intentional Interferences With The Person

Question 1

Battery

Answer 1

The intentional and direct application of physical force to another person.

-Doesn’t matter if injury was not intended.

Question 2

Assault

Answer 2

An intentional act that causes a person to reasonably apprehend that a battery is about to be inflicted upon them.

Question 3

Tuberville V Savage 1669

Answer 3

“If it were not assize-time, I would not take such language from you”

Claim failed because there was no threat of a battery.

Question 4

R v Ireland 1996

Answer 4

Made a number of telephone calls to three women but said nothing. Women suffered from anxiety, inability to sleep, difficulty breathing, skin conditions etc.

“Bodily harm in S47 can be interpreted to include a recognisable psychiatric illness”

Question 5

False imprisonment

Answer 5

The intentional confinement of a person against their will.

Confinement may be physical force as well as conduct or even threatening words as long as words would be sufficient to restrain a reasonable person.

Only when there are no means of escape.

Question 6

Nervous shock

Answer 6

Recoverable in the absence of battery, assault and false imprisonment.

Question 7

Wilkinson V Downton 1897

Answer 7

Mrs wilkinson received a call saying her husband had broken both his legs. Caused nervous shock, vomiting and serious physical consequences for weeks.

Must be an outrageous act including hurtful words that was reasonably likely to cause psychological harm and that actually caused the harm.

Question 8

Harassment Act

Answer 8

A person must not pursue a course of conduct which amounts to harassment of another and which he knows or ought to know amounts to harassment of the other.

Includes alarming the person or causing them distress.

Question 9

Privacy

Breach of confidence

Answer 9

Did claimant have a reasonable expectation of privacy?

Does claimants interest in privacy outweigh the defendants interest in freedom of expression?

Question 10

Campbell V Mirror Group Newspapers 2004

Answer 10

Daily mirror published-

1. Seeking treatment for drug addiction
2. Photo of her leaving NA meeting
3. Details of possible treatment

Claim for breach established:
No for 1. Precious denials created inaccurate image
Yes for 2. People might recognise centre
Yes for 3. Medical information should be confidential.