intro to tresspas- 1

Question 1

3 forms of trespass to the person

Answer 1

battery, assault, false imprisonment

Question 2

what statutory act do we use

Answer 2

Protection from Harassment Act 1997

Question 3

what case do we use the rule from

Answer 3

Wilkinson v Downton

Question 4

what is the purpose of bringing a civil claim in this area

Answer 4

compensating due to harm caused by wrongdoing- level of compensation depends on extent of harm caused

Question 5

what is the standard of proof in ciivl law for this area

Answer 5

balance of probabilities

Question 6

case for abuse of power and false imprisonment

Answer 6

Lumba v Secretary of State

Question 7

what are gendered harms

Answer 7

societies ideas of men and women that have led to men in most cases having more power e.g. more male judges than women

Question 8

how could gendered stereotypes be a negative for society

Answer 8

it could all feed into sexual violence

Question 9

pregnancy case for gendered harms

Answer 9

-McFarlane v Tayside Health Board

Question 10

who has talked about inequalities becoming sexualised

Answer 10

Monaghan: ‘gendered harms and the role of tort’

Question 11

trespass to the person involves …

Answer 11

an infringement of an individual’s personal, mental or bodily integrity

Question 12

trespass to the person is actionable …

Answer 12

actionable per se- without proof of loss- violation of the bodily or mental integrity

Question 13

the 3 trespass to the person torts are described in what case

Answer 13

Collins v Wilcock

Question 14

what is assault

Answer 14

• ‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’

Question 15

what is battery

Answer 15

the actual infliction of unlawful force on another person’

Question 16

what is false imprisonment

Answer 16

-‘the unlawful; imprisonment of constraint on another’s freedom of movement from a particular place’

Question 17

the torts must: cause what? and be committed how?

Answer 17

• Cause a direct and immediate unlawful interference with the claimant’s personal integrity
• Be committed intentionally (differ from negligence)

Question 18

what does intention mean (2)

Answer 18

• wilful and voluntary act

- subjective recklessness

Question 19

case for intention

Answer 19

Letting v Cooper

Question 20

case for subjective recklessness

Answer 20

• Iqbal v Prison Officers Association

Question 21

what does Smith LJ say about intention and torts against the person

Answer 21

‘It is well established that all forms of trespass require an intentional act’

Question 22

what 2 things warrant damages

Answer 22

• the unlawful interference

- the consequential harms and losses

Question 23

what was the question asked in Ashley v Chief Constable of Sussex Police

Answer 23

could the case go to the HoL after receiving compensation in the form of damages?

Question 24

outcome in Ashley v Chief Constable of Sussex Police

Answer 24

HoL said yes case can still be appealed to HoL even after receiving damages

-This is because what the C’s wanted was an indication of their rights, by a court recognizing that the police had intentionally and unlawfully committed battery in the shooting.

Question 25

outcome in Lumba

Answer 25

-SC said there was false imprisonment, they had been unlawfully detained- an unlawful policy had been followed and secretary of state had abused power

Question 26

what did the C receive in Lumba

Answer 26

nominal damages instead of compensation- a small amount to recognise that harm had been done

Question 27

why did Lord Browne-Wilkinson and Baroness Hale dissent to the nominal damages in Lumba

Answer 27

they argued that full compensation should have been awarded because nominal damages would undervalue the wrong of the tort, that the imprisonment was unlawful- it undervalues the right that we should be free from arbitrary detention

Question 28

what is the purpose of taking these criminal act cases to a civil court often about

Answer 28

it is about vindicating rights, and trying to ensure that the state is not abusing its powers.