Intentional Torts: Defences

Question 1

What are the elements for assault?

Answer 1

• Act
• Apprehension (fear) of immediate infliction of force
• Capability to carry out

Question 2

What are the elements of Battery?

Answer 2

• Act (to make contact)
• Direct application
• (Hostile)
• Physical force

Question 3

What are the elements for False Imprisonment?

Answer 3

• Act
• Which must be total and complete
• Deprivation of liberty
• Knowledge is irrelevant

Question 4

What are the elements of IIED?

Answer 4

• Act
• Conduct/ Mental/ consequence
• Unjustified harm direct to C or results in harm

Question 5

What is the harassment act 1997?

Answer 5

• Course of conduct

- Reasonableness standard; ‘knows or should know’

Question 6

What defences are there?

Answer 6

• Consent
• Necessity
• Lawful arrest/ Prevention of crimes or disorders
• Self defence
• Provocation

Question 7

Why does negligence fall under this category?

Answer 7

You may be found negligent for a specific tort, it must always involve intention and must be able to identify ‘intention to do what’.
- for example Sayer v Harlow

Question 8

What are the elements to the consent defence?

Answer 8

• Voluntary
• With knowledge
• For competent persons
• for each part
  Therefore playing rugby, consenting to the battery. However if you suffer a broken leg after the whistle is blown the same rules might not apply

Question 9

What happened in R v Billinghurst?

Answer 9

• There was a fractured jaw as a consequence of an off ball injury/ incident

Question 10

What about when things occur due to societal reasons?

Answer 10

R v Brown

- S&M case

Question 11

When is consent not possible?

Answer 11

• For example the mental capacity act 2005
• Re F (Sterlisation) it was held that there would be action taken for those who cannot come to the reasonable decision themselves

Question 12

What is the Gillick rule?

Answer 12

• under the rule of Gillick
  A child might be seen to have Gillick competence and therefore should have the ability by law to be able to make a medical decision for themselves and have full autonomy over themselves

Question 13

What is the rule of Necessity?

Answer 13

it might be a need for necessity, the Re F was a sterilisation case whereby Lord Goff was like the best interests of the person

Question 14

Necessity only available if the individual?

Answer 14

• Lacks competence

- Emergency; if patient is unconscious