Lecture 10 - Interferences Flashcards
(26 cards)
What are 3 torts (or trespasses against the person) that protect personal integrity?
Battery
Assault
False Imprisonment
What are 3 defences for the trespasses against the person?
consent, necessity, self-defence
What is false imprisonment?
intentional and direct imposition of unlawful constraint on a person’s freedom of movement from a particular place
What is meant by intention for false imprisonment?
voluntary/subjective recklessness as to the restraint on other’s freedom of movement and D does not need to intend ‘unlawful’ restriction of movement
What is Iqbal v Prison Officer’s Association [2010] about?
prisoner couldn’t leave cell at all (e.g. not for exercise/healthcare) due to prison officer strike, held that this however was not false imprisonment as prisoners were already imprisoned, is this right? is it not recklessness?
What is a case about subjective recklessness in terms of false imprisonment?
Iqbal v Prison Officer’s Association [2010]
What is meant by ‘direct’ for false imprisonment?
restraint of movement must be result of a positive action by D rather than an omission
What are the 3 requirements for constraint on freedom of movement?
1) must be total
2) no reasonable means of escape
3) need not be physical
What is an example case of ‘must be total’?
Bird v Jones [1845]
What is Bird v Jones [1845] about?
man wanted to cross public road closed off for boat race, told he needs to go a different route, sat down and claimed to be falsely imprisoned, held this was not the case as partial obstruction of movement does not amount to being totally restrained
What is meant by ‘unlawful constraint’ for false imprisonment?
reason for detention may be key, and burden of proof lies on D to show detention is actually lawful
What is a case demonstrating unlawful constraint?
Re Lumba [2011]
What happened in Re Lumba [2011]?
lumba was unlawfully detained under an unpublished policy, although this would have been lawful under the published policy the SC held it as false imprisonment as using the wrong policy made it an unlawful constraint
What is battery?
intentional and direct application of unlawful force to another person
What is an example case for intentional conduct for battery?
Gibbons v Pepper (1695)
What happened in Gibbons v Pepper (1695)
D riding a horse which bolter towards plaintiff and injure them due to someone else whipping it, held D was not liable as he did not intend to cause harm
What is a case about direct application of force under battery?
DPP v K [1990]
What happened in DPP v K [1990]?
school boy took acid from science lab and hid it in hand dryer in boys bathroom, acid sprayed out when someone else used hand dryer and caused serious injury, boy found guilty as he was reckless
What is assault?
intentional act by D that directly causes another person to reasonably apprehend infliction of a battery
What is a case of intention in assault?
Parke B in R v St George [1840]
What did Park B say in R v St George [1840]?
‘my idea is that it is an assault to present a pistol at all, whether loaded or not’
What is intention for assault?
irrelevant that D may not intend to carry threat out
What is the objective test of ‘reasonable apprehension’?
whether a reasonable person would apprehend immediate, unlawful violence
What is a case demonstrating reasonable apprehension?
Stephens v Myers [1840]
