Tort Law - Intentional Interference with the Person Flashcards Preview

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Flashcards in Tort Law - Intentional Interference with the Person Deck (304):
1

What do you need to call on defence in section 5 MCA 2005?

Reasonable steps to ascertain capacity, reasonable belief in lack of capacity and reasonable belief in best interests

2

What case showed the courts accepting publication of press articles can be capable of harassment?

Thomas v News Group

3

Wainwright v Home Office judgment

No intent, no awareness and due to SLOPPINESS

4

How does Finnis define intent?

'The adopting of a proposal which... one has shaped in deliberation and preferred to any alternative option available for one's choice'

5

What case shows application of s.24 MCA 2005?

X Primary Care Trust v XB

6

What case shows fraud as to 'purpose' of the act remains relevant after SOA 2003?

R v B

7

Section 7 PHA

Defines 'course of conduct' as at least two, including speech

8

Wilson v Pringle general

Schoolbag, horseplay

9

Austin & Saxby v MPC judgment

Police succeeded in defence of necessity under CoA but C won in HoL under Article 5

10

Murray v MoD

No knowledge of imprisonment needed, but relevant for damages

11

R v B on consent defence

Failure to tell of HIV not enough to vitiate consent to SEX

12

What can breach of an injunction lead to under PHA?

Warrant for arrest and maybe even criminal conviction

13

What section of what Act defines 'inability to make decisions'?

Section 3 MCA 2005

14

How did the court in Wilson v Pringle explain exceptions in battery (e.g. everyday contact)?

By focusing on the hostile element, rejecting LJ Goff's test as 'not practical'

15

DPP v K judgment

significant time gap did not matter for battery

16

What do you need to prove for battery in tort?

A direct act, contact with the person and 'hostile or done with anger', but no longer observed literally

17

What did Lord Neuberger believe about tort and defamation in James Rhodes?

Tort should not be used to extend defamation

18

West on climbing level of damages in tortious rape cases

Empowers V in an active role, reversing gender inequalities expressed and experienced in rape

19

What case enforced the fact that the test under s.5 MCA 2005 is one of reasonable, not honest, belief?

ZH v MPC

20

what case showed the fact that imprisonment might have been lawfully procured is only relevant to damages?

R (Lumba) v SoS for HD

21

What is one of three remaining civil causes of action where C is prima facie entitled to trial by jury?

False imprisonment

22

Who and in what case called an injunction an 'inappropriate restriction on FoA, an unacceptable form of judicial censorship' on the facts?

Lord Neuberger in James Rhodes

23

Innes v Wylie general

Policeman blocking doorway

24

James v Campbell general

Hitting d, not intended P

25

Chatterton v Gerson on consent defence

Battery when info is withheld deliberately and in bad faith

26

Barnes v Nayer

Criticised Murphy v Culhane, preferring Lane - compensatory cannot be reduced by provocation, but exemplary damages can

27

Who describes intent as 'The adopting of a proposal which... one has shaped in deliberation and preferred to any alternative option available for one's choice'

Finnis

28

What case considerably reduced Wilkinson?

Wainwright v Home Office

29

R v Dica judgment

Irrelevant if C knew D had HIV - needs to have consented to sex AND infection

30

Read v Coker judgment

Conditions threats can still be an assault

31

Name three cases on proportionality in self-defence

Lane v Holloway; Green v Goddard; Adorian v MPC

32

Lawson v Executor of the Estate for Dawes judgment

Criminal investigation stopped when D died, but damages from his estate in tort, including special damages for PTSD

33

Fowler v Lanning judgment

D needed to have been aware of the exact nature of C's claim - whether intention or negligence

34

James Rhodes v OPO general

Child abuse memoir

35

ZH v MPC judgment

REASONABLE, not HONEST belief for section 5 MCA 2005 - didn't speak to carers so no reasonable belief

36

When is contributory negligence relevant in intentional interference?

For damages under Law Reform (Contributory Negligence) Act 1945, sections 1 and 4

37

Read v Coker general

Leave or break neck

38

Section 4 PHA

Defines 'putting people in fear of violence'

39

HRA requires PHA to be interpreted consistently with what two Articles?

Articles 10 and 11

40

Feldthusen on climbing level of damages in tortious rape cases

Gives legal validation of the wrong and harm

41

No requirement of reasonable foreseeability for damages under PHA

Jones v Ruth

42

What did the officers admit in Ashley v Chief Constable?

Negligence and false imprisonment

43

Hayes v Willoughby general

Employee vendetta

44

Prisons Act 1952 provides for what?

Lawful imprisonment whether convicted or pending trial

45

Who explained the case of Fagan v MPC as one of inaction?

Bridge J

46

Section 26 Equality Act 2010

Statutory cause of action for harrassment

47

R v B

Fraud as to 'purpose' remains relevant after SOA 2003

48

Section 3 MCA 2005

'Inability to make decisions' is defined as unable to weigh/retain relevant info

49

Mental Capacity Act 2005 gives four requirements for necessity as...

In person's interests, reasonable belief they lack capacity, reasonable steps to establish lack of capacity and act would have been lawful if they had the capacity

50

What did Lord Goff say of s.4(6)(a) MCA 2005?

Necessity cannot operate when contrary to known wishes of the party

51

Wilkinson v Downton judgment

Impute intent to inflict physical or emotional harm if act was wilful, calculated to cause harm and has caused harm

52

X Primary Care Trust v XB

Ventilation removed in specific circumstances

53

R v Tabassum judgment

Consented to medical research, not indecent assault, so D convicted

54

What is the difference between civil and criminal law on consent?

Civil may vitiate consent even if it does not go to the essential purpose/nature of the contact, unlike criminal

55

Reeves v Commissioner of Police for the Metropolis judgment

HoL ruled police may be liable in negligence for failing to prevent suicide of sound mind prisoner

56

Hague v Deputy Governor of Pankhurst Prison general

Restraining against prison rule

57

Lane v Holloway general

64 year old vs. 23 year old

58

Re F (Mental Patient: Sterilisation)

Wilson test is hard to reconcile with that fact that any touching without lawful excuse can amount to a battery

59

What section of what Act defines capacity?

Section 2 MCA 2005

60

What judge in what case said that a sensible line needs to be drawn between banter and genuinely unacceptable behaviour for claims under PHA?

Baroness Hale in Majrowski v Guys' and St Thomas'

61

Reeves v Commissioner of Police for the Metropolis general

Suicide of sound mind

62

Jones v Ruth judgment

Not just a claim for psychiatric injury under PHA as also had back problems

63

In what case did the HoL refuse to allow intentional harm to be framed as negligence for a more favourable limitation period?

Stubbings v Webb

64

What did Lord Nicholls say in Re H that has led to confusion in tortious rape cases?

He required 'more cogent evidence' the more serious the crime, which Godden feared would introduce a higher standard of proof

65

Iqbal v Prison Officers Association general

Time out of cell, strike

66

When imprisonment is by a 'public authority' under HRA, what is the effect of the defence of lawful detention?

applies both to false imprisonment and a claim under section 7 for breach of Article 5

67

Which case criticised Murphy v Culhane, preferring Lane?

Barnes v Nayer

68

Smith v Chief Superintendent judgment

Reasonable apprehension of immediate and unlawful violence with regard to facts of the case

69

D needs to intend C's apprehension for assault

Bici v MoD

70

What case does Godden point to in order to suggest damages in tortious rape cases are growing, moving away from alignment with other forms of personal injury?

Lawson v Executor of the Estate for Dawes

71

What section of the PHA gives a civil remedy for intentional interference?

Section 3 PHA

72

What case shows that failing Gillick competence, anyone with parental rights can consent?

Re R

73

What might a claim for false imprisonment still amount to despite defence of necessity?

Breach of Article 5 ECHR

74

Allen v Flood

Intent to harm does not render tortious conduct which but for such intent would be lawful

75

Entick v Carrington

Police need clear legal authority to justify interference with citizens due to rule of law

76

St George's Healthcare Trust v S

Confirmed Butler-Sloss LJ in Re MB

77

What did the three lords leave open in Ashley v Chief Constable?

Whether test requires D to think his life is in real and imminent danger, and if mistake induced by 3rd party could found the defence

78

What are most tort cases now?

Negligence cases

79

Bici v MoD general

Soldiers shot at car intentionally but not to hit C

80

What two cases explore the ability of children to consent to treatment?

Re W and Re R

81

What is the effect of duress on consent?

Invalidates consent, but less immediate pressures may not be enough

82

Re F (Mental Patient: Sterilisation)

'Best interests', but Lord Goff on 'inviolability of bodies'

83

What judge in what case suggested Lord Nicholls' dicta in Re B will not lead to a higher standard of proof?

Baroness Hale in Re B

84

Re MB general

C-section, not capacity

85

Who thought Lawson was the highest payout in civil law for rape?

Herman

86

Section 4(3)(a) MCA 2005

If capacity may exist in the future

87

Lane v Holloway judgment in self-defence

Not proportionate and no use of provocation to reduce compensatory damages

88

What did Sullivan LJ argue in Iqbal, in the dissent?

Conduct of officers was positive - right to strike should bow to right to liberty when the two conflict

89

Haystead v Chief Constable of Derbyshire general

Woman hit, dropped child

90

What general defence's application in intentional interference remains unclear?

Provocation

91

Equality Act 2010 sections 26 and 119

defines harassment as conduct violating V's dignity or creating an intimidating, hostile, degrading or offensive environment

92

Re B (Adult: Refusal of Medical Treatment) general

Eating disorder

93

What case showed court finding employer vicariously responsible?

Majrowski v Guys' and St Thomas'

94

What case shows the courts preferring to deal with medical cases under negligence?

Chatterton v Gerson

95

What did the court require for false imprisonment in Bird v Jones?

Total obstruction of C's movement

96

What two cases support the two requirements for false imprisonment?

Bird v Jones; Iqbal v Prison Officers Association

97

What section of what Act covers advance decisions to refuse treatment?

Section 24 MCA 2005

98

Hague v Deputy Governor of Pankhurst Prison judgment

No claim for residual liberty of a prisoner

99

What did Judge Toulson and Lady Hale in James Rhodes call imputed intent?

'Unjustifiable'

100

How does Finnis explore intent?

By seeing it as the choice of the individual - if you elect to do X, knowing it will lead to Y, that is still intent

101

Green v Goddard

In defence of property, warning first if there is no actual force applies

102

What is the mental element in Wilkinson, per James Rhodes?

Intention to cause distress

103

Khorasandiian v Bushi judgment

Court gave a remedy even though not the owner of the land (Hunter v Canary Wharf), prompting P to enact PHA so individuals didn't have to use nuisance tort

104

Pritchard v Co-Op Group

Recklessness is sufficient for intentional torts

105

Hand dryer, sulphuric

DPP v K

106

How did the court distinguish from Richardson in R v Tabassum?

No mistake as to identity in that case - she was a dentist, just not allowed to practice

107

Reasonable force for officers to exercise powers recognised in the Act

Section 117 PCEA

108

R (Lumba) v SoS for HD

Fact that imprisonment might have been lawfully procured is irrelevant to existence of cause - only for damages

109

Why was the claim for residual liberty in Hague rejected, and explained by who?

Lord Bridge - Law should be able to remedy truly intolerable but otherwise lawful detention without declaring detention itself unlawful

110

What section of what Act amounts to a procedural and substantive barrier to protect householders injuring burglars?

CJA 2003 Section 329

111

What case showed recklessness is sufficient for intentional torts?

Pritchard v Co-Op Group

112

R v Ireland judgment

Immediacy is a question of fact to be decided by judge/jury. Apprehension must be reasonable, but silence can count

113

How did Wainwright reduce Wilkinson?

No remedy for distress not amounting to recognised psychiatric injury

114

Blake v Galloway general

Horseplay, chippings

115

What needs to be considered in self-defence claim?

Proportionality

116

A v Hoare

HoL refused to follow Stubbings - if more favourable for negligence, it should also apply to intentional trespass

117

Lane v Holloway

May allow provocation to reduce exemplary damages, but not compensatory

118

What case showed all forms of trespass require intention, not just negligence?

Iqbal v Prison Officers Association

119

Section 119 Equality Act 2010

Remedies for harassment

120

When does Finnis argue there should be no intent on the behalf of the claimant?

when they do the least harmful action readily available

121

R v Ireland general

Telephone calls

122

What did Lord Hoffman say in Wainwright?

If injury is intentional, use PHA, but if psychiatric, use negligence - do not use Wilkinson

123

Bici v MoD

Seems D needs to intend C's apprehension for assault

124

Murphy v Culhane judgment

Per Lord Denning, compensatory may be reduced unless D's reaction was out of all proportion

125

Chatterton v Gerson judgment

Info on broad terms was enough - failure to go into side effects meant negligence, not tort of trespass

126

What two judges in what case believe protection of trespass to the person may vary depending on the interest?

Lady Hale and Judge Toulson in James Rhodes v OPO

127

Ferguson v British Gas general

Letters for payment - PHA

128

What is the requirement for damages under PHA, and according to what case?

No requirement of reasonable foreseeability: Jones v Ruth

129

In what case was imputed intention abolished in intentional interference with the person?

James Rhodes v OPO

130

Section 4(6)(a) MCA 2005

Consider past and present wishes of C

131

Majrowski v Guys' and St Thomas' general

Workplace bullying

132

what case shows that an intent to harm does not make lawful conduct tortious/

Allen v Flood

133

Re A judgment

Little doubt necessity would have been used if dead child's estate had claimed battery

134

Why was there uncertainty in the CoA injunction in James Rhodes according to HoL?

'Graphic' is uncertain

135

Section 24 PCEA

General power of arrest without warrant for constables and more limited for private individuals

136

R v Cotesworth

Act and contact in battery need not happen instantaneously

137

What case confirmed Butler-Sloss LJ in Re MB?

St George's Healthcare Trust v S

138

What is the issue with the application of Article 5 in defence of lawful detention?

'Lawful authority' under domestic law does not necessarily satisfy Article 5

139

Re B (Adult: Refusal of Medical Treatment) judgment

Consent can be express/implied - e.g. rolling up sleeve for blood check

140

What case showed police may be liable in negligence for failing to prevent suicide of sound mind prisoner?

Reeves v Commissioner of Police for the Metropolis

141

When did the court think publication of press article would not be able to claim reasonable conduct under PHA?

When outside scope of Article 10 (e.g. defamation)

142

Austin & Saxby v MPC general

Kettling

143

Letang v Cooper judgment

Denning took Fowler one step further - if no intention, ONLY cause of action is negligence

144

What case showed that there was false imprisonment even if the individuals would have been imprisoned anyway because it was under an unlawful policy?

R (Lumba) v SoS for HD

145

Majrowski v Guys' and St Thomas' judgment

Employer was vicariously responsible, but 'sensible line' needed between banter and genuinely unacceptable behaviour

146

What does Godden say of the admission of sexual history evidence in tortious rape ases?

Makes little difference in practice, but can be distressing nonetheless

147

Why are intentional torts valuable?

Lack a duty of care, actionable per se and different circumstance in which you can recover, vindicating certain rights

148

What case shows transferred malice applies to intentional interference with the person?

James v Campbell

149

Ashley v Chief Constable of Sussex Police general

Unarmed, naked suspect killed

150

Who claims a gender bias of tort?

Godden

151

James Rhodes v OPO judgment

Hale and Toulson find 3 elements to Wilkinson - conduct, mental and consequence. Abolished imputed intention.

152

What theory does Finnis rely on to explore intent?

Common morality to distinguish between intention and foreseeability

153

What case showed that the Wilson test is hard to reconcile with the fact that any touching without lawful excuse can amount to a battery?

Re F (Mental Patient: Sterilisation)

154

What judge in Collins v Wilcock believed the fundamental principle in battery is not based on degrees of violence, but the fact that 'every person's body is inviolable'?

LJ Goff

155

Section 2 Mental Capacity Act 2005

Defines capacity as inability to make a relevant decision due to 'an impairment of, or a disturbance in the functioning of, the mind or brain'

156

What three cases explore consent being ineffective for reasons of public policy?

R v Brown; Blake v Galloway; R v Barnes

157

Conditional threats are not always an assault

Tubervell v Savage

158

Section 117 PCEA

Reasonable force to exercise powers recognised in the Act

159

In what case did a judge (and which judge) take Fowler one step further?

Letang v Cooper, Lord Denning

160

Section 24 MCA 2005

Advance decisions to refuse treatment

161

What did the HoL decide in Ashley v Chief Constable?

Correct test for self-defence was an honest and reasonable belief

162

What two judges in what case found 3 elements to Wilkinson?

Lady Hale and Judge Toulson in James Rhodes v OPO

163

Re W

No power of parents to refuse if courts believe action is in the best interests of the child

164

R v Barnes

Agree in contact sports to touching as long as within rules of the sport

165

What case showed lack of consent must be pleaded and proved by C?

Freeman v Home Office (No.2)

166

Pritchard v Co-Op Group judgment on CN

CN is not a valid defence of intentional torts - not a defence before LR(CN)A and therefore isn't after either

167

What did Butler-Sloss LJ say in Re MB?

No difference if failure to undergo procedure may have endangered foetus as no distinct legal personality

168

What sections of what Act define harassment?

Equality Act 2010 sections 26 and 119

169

In what case did the court make it clear that no knowledge of imprisonment is needed for false imprisonment claim?

Murray v MoD

170

What did the court require defendant to meet in detection of crime under s.1(3)(a) PHA in Hayes v Willoughby

Test of good faith and logic

171

Stephens v Myers judgment

Sufficient immediacy by advancing, so assault

172

Power to Stop and search persons for prohibited articles

Section 1 PCEA

173

How is assault defined in tort, and according to what case?

Apprehension of immediate and unlawful violence

174

Adorian v MPC judgment

Grossly disproportionate force applied

175

What would Re A now be dealt with under?

Section 5 of the Mental Capacity Act

176

What case shows act and contact in battery need not happen instantaneously?

R v Cotesworth

177

R (Lumba) v SoS for HD general

Released awaiting deportation, but unpublished policy

178

What did Beever say of transferred malice cases?

Better to treat them as actions in negligence

179

Bird v Jones

Walk over Thames

180

Stubbings v Webb

HoL refused to allow intentional harm to be framed as negligence for a more favourable limitation period

181

Who said in what case that a failure to undergo a procedure endangering a foetus does not equate to necessity if mother is competent?

Butler-Sloss LJ in Re MB

182

SoS for HD v Robb judgment

Officers can abstain from hydrating and feeding prisoner for as long as he has capacity to refuse nutrition in hunger strike

183

What judge in what case suggested that necessity does not encompass officious intervention, e.g. when capacity may exist in future?

Lord Goff in Re F

184

R v Dica general

HIV

185

Name two cases which Godden uses to show judicial development of tortious rules and principles in rape?

Lawson v Executor of the Estate for Dawes; Parrington v Marriott

186

R v JA

SC of Canada - no advance consent to sexual contact when subject is unconscious

187

R (Lumba) v SoS for HD judgment

majority decided false imprisonment, even if would have been imprisoned anyway as under an unlawful policy

188

What did Diplock LJ argue for in Letang v Cooper?

Continuation of negligent trespass, but maintain distinction between intentional trespass and negligence/negligent trespass

189

Gillick v Dept of Health and Social Security

Ability to understand process in order to have capacity to consent

190

Re R general

anti-psychotics, refused

191

What does consent need to be in tort, and according to what case?

Freeman v Home Office - must be objective test, not just reasonable belief of D

192

What Act gives four requirements of necessity?

Mental Capacity Act 2005

193

What two cases explore common law of necessity?

Re F and Re A

194

What did the court emphasise in Re MB?

Competence adult can refuse treatment for an irrational reason/no reason at all

195

What two cases show unacceptable harassing behaviour towards customers by companies under PHA?

Ferguson v British Gas; Roberts v Bank of Scotland

196

Parrington v Marriott judgment

CPS did not proceed but tort case found D liable and gave damages

197

Police need clear legal authority to justify interference with citizens due to rule of law

Entick v Carrington

198

What case overruled Stubbings v Webb?

A v Hoare

199

Law Reform (Contributory Negligence) Act 1945, sections 1 and 4

Court decide percentage affected by contributory negligence and reduce damages accordingly

200

Bridge J in Fagan v MPC?

Action of nonfeasance as car rested by its own inertia, making C's only fault an omission to move the car

201

Section 5 MCA 2005

Defence to battery in connection with care/treatment of incapacitated person, different from CL defence of necessity

202

Blake v Galloway judgment

Agree to injury within game rules

203

What does a burglar need to do to bring a civil claim against a householder who attacked him?

Get permission, and force needs to be disproportionate

204

Collins v Wilcock judgment

Per LJ Goff, the 'fundamental principle is that every person's body is inviolable', with exceptions embraced in a category of all generally acceptable physical contact

205

What is contributory negligence not a defence for?

Intentional torts

206

What are the four main defences in intentional interference with the person?

Lawful arrest, consent, necessity and self-defence

207

CJA 2003 section 329

May allow provocation as defence to trespass to the person sometimes

208

Iqbal v Prison Officers Association

All forms of trespass require intention, not just negligence

209

Who believe transferred malice cases are bettered treated as actions in negligence?

Beever

210

What case showed the courts accepting direct act requirement in battery was a hangover from trespass vi et armis?

Haystead v Chief Constable of Derbyshire

211

Who argued in Iqbal that a right to strike should bow to a right to liberty when the two conflict?

Sullivan LJ

212

Wilson v Pringle judgment

Hostility is not equated with ill-will or malevolence - question of fact for the jury.

213

Ex p Evans judgment

breach was sufficient in itself - 59 days too long, regardless of Governor's belief

214

What case suggested consent in contact sports to touching as long as within rules of the sport?

R v Barnes

215

Who advocates supplementing criminal law claims of rape with tortious claims?

Godden

216

What case shows parents are powerless if courts believe action in best interests of the child?

Re W

217

What case prompted P to enact PHA?

Khorasandiian v Bushi

218

Wy will there be fewer acts considered reasonably necessary to protect property than personal safety?

Greater importance attached to personal safety

219

Lawson v Executor of the Estate for Dawes damages

Awarded £259,000, thought to be highest payout in civil for rape (Herman)

220

McMillan v CPS general

Police constable forcibly leading C

221

Section 1 Police and Criminal Evidence Act 1984 (PCEA)

Stop and search persons for prohibited articles

222

Drunk obstruction, hip fracture in arrest

Adorian v MPC

223

How did Lady Hale and Judge Toulson in James Rhodes believe the CoA erred on the conduct element from Wilkinson?

They considered C in isolation and failed to consider justification of freedom to report and public interest as a result, and there is a right to choose the language used in order to exercise the right to convey info

224

What case gave the imputation of intent in intentional infliction physical/emotional harm?

Wilkinson v Downton

225

What did the majority find in Fagan v MPC?

Assault

226

Section 1 PHA

Offence to pursue conduct D knows or ought to know amounts to harassment, which is oppressive, unreasonable and has the consequences in section 7

227

Chatterton v Gerson general

Leg, poor mobility, side effects

228

HL v UK

Imprisonment is a difference concept to deprivation of liberty

229

Adorian v MPC general

Drunk obstruction, hip fracture in arrest

230

Smith v Chief superintendent general

Elderly, closed window

231

Fowler v Lanning general

Shooting party

232

What theory does Finnis reject when exploring intent?

Utilitarianism because it elides intention and foreseeability, complicating any subjective intention

233

Hayes v Willoughby judgment

Had to meet test of good faith and logic, but personal objective was unimportant

234

What explanation of the exceptions in battery do L&O prefer?

Collins v Wilcock per Goff LJ

235

Give an example of a judge who highlighted low conviction rate in criminal cases of rape?

Baroness Stern

236

Jones v Ruth general

Building work - responded with loud music

237

What two cases explore capacity to consent?

Gillick v Dept of Health and Social Security; R v JA

238

Who believes the climbing level of damages in tortious rape cases gives legal validation of the wrong and harm?

Feldthusen

239

ZH v MPC general

Autistic child, pool

240

General power of arrest without warrant for constables and more limited for private individuals

Section 24 PCEA

241

Ex p Evans general

Judicial guidelines changed - release date now wrong

242

What judge in particular in Wainwright was not keen on continuing use of Wilkinson?

Lord Hoffman

243

What was there disagreement over in R (Lumba) v SoS for HD?

Damages - some said nominal, or nothing because they were in prison anyway

244

What is the conduct element in Wilkinson, per James Rhodes?

Harm aimed at C

245

Lord Goff in Re F on s.4(3)(a) MCA 2005

Necessity does not encompass officious intervention - non-urgent treatment should await consent

246

American Law's Third Restatement of the Law

Suggests recklessness in America is not sufficient, but probably of little significance after A v Hoare allowed more favourable period regardless of intention/negligence

247

Freeman v Home Office on duress

Less immediate pressure may not be enough to invalidate consent, e.g. institutional pressures weren't serious enough

248

What is the standard of proof in tortious rape cases?

Balance of probabilities, as opposed to beyond reasonable doubt in criminal

249

Lawson v Executor of the Estate for Daws general

Imprisoned in hotel

250

What case did the SC cite with approval in Lumba?

Murray v MoD

251

CJA 2003 section 329

Procedural and substantive barrier to protect householders injuring burglars - burglar needs permission after criminal conviction to bring civil claim, and force needs to be disproportionate

252

What was unimportant in Hayes v Willoughby?

personal objective of D

253

R v Tabassum general

Breast exam, not medically qualified

254

DPP v K general

Hand dryer, sulphuric acid

255

What case shows the courts promoting procedural fairness and efficiency by limiting the number of issues in dispute - D needs to know exact nature of C's claim?

Fowler v Lanning

256

What are the requirements for a claim of false imprisonment?

Complete restriction of C's movement and D's act is positive or direct

257

Baroness Hale in Re B

How probable an event is depend on FACTS, not necessarily severity - murder highly probable when there is a dead body, the throat is cut and the weapon is missing

258

What did Lord Bridge say in the case of Hague v Deputy Governor?

Law should be able to remedy truly intolerable but otherwise lawful detention without declaring detention itself unlawful

259

Iqbal v Prison Officers Association on residual liberty

Need a positive act, not just NOT opening the cell, and more by order of governor, not direct act of officers

260

What case shows the difference between defence of necessity and Article 5?

Austin & Saxby v MPC

261

What case showed court deciding 'nearly everyone agreed' consent is not a defence to really serious personal injury?

R v Brown

262

Freeman v Home Office (No.2)

Lack of consent to be pleaded and proved by C

263

What is liability in trespass?

Strict

264

R v Brown

'nearly everyone agrees that the consent of V is not a defence to a charge of inflicting really serious personal injury' in criminal

265

Tubervell v Savage

Conditional threats are not ALWAYS an assault - words declared not to be an assault are not an assault

266

Innes v Wylie judgment

Court require positive action for trespass, not just passive obstruction - here positive action found

267

What case shows the boundary under Collins is hard to draw, because may not be hostile but may still not be acceptable?

McMillan v CPS

268

What case showed genuine belief is irrelevant when considering if arrest/detention was lawful under PCEA?

Ex p evans

269

Pritchard v Co-Op Group general

Manager grabbing hands

270

What case suggests no advance consent to sexual contact when subject is unconscious?

R v JA - SC of Canada so only informative

271

Iqbal v Prison Officers Association judgment

Confinement due to omission, but also doesn't seem the further entailment was intended either

272

How does Godden criticise damages in rape cases?

Inappropriate alignment with other forms of personal injury

273

Parrington v Marriott general

Employment, twice raped

274

Who believes climbing damages in tortious rape cases Empowers V in an active role, reversing gender inequalities expressed and experienced in rape

west

275

SoS for HD v Robb general

Prison officer, hunger strike

276

A local authority v E

Force feeding ED patient - section 3 MCA 2005

277

Haystead v Chief Constable of Derbyshire judgment

Direct act requirement found to be a hangover from trespass vi et arms, which required direct interference

278

What is the consequence element in Wilkinson, per James Rhodes?

Needs to be a diagnosable illness but no subjective intention - deliberate and likely to harm

279

Martin and others v Cave judgment

Attempt to place D on notice of harassment did not make the act one of harassment

280

Re MB helps enlighten the application of what section of what Act?

Section 3 MCA 2005

281

Khorasandiian v Bushi general

Unwanted calls from ex - used nuisance tort

282

Jones v Ruth

No requirement of reasonable foreseeability for damages under PHA

283

Wilkinson v Downton general

Husbands legs broken

284

What case said CN is not a valid defence in intentional torts?

Pritchard v Co-Op Group

285

Re R judgment

Gillick competent child can give consent, but failing that anyone with parental rights can give consent

286

S.1(3)(a) PHA

Detection of crime defence for harassment

287

Which judge's dicta in what case did Godden fear would lead to a higher standard of proof in tortious rape cases?

Lord Nicholls in Re H - 'more cogent'

288

Letang v Cooper general

Driving over sunbather

289

What section of what Act allows courts to decide percentage affected by contributory negligence and reduce damages accordingly?

Law Reform (Contributory Negligence) Act 1945, sections 1 and 4

290

Walk over Thames

Bird v Jones

291

Re A general

Conjoined

292

What is the test for self-defence in civil law, and from what case?

Honest and reasonable belief, Ashley v Chief Constable of Sussex Police

293

How was the PHA amended in 2005?

Includes stalking as a criminal action, not civil.

294

Martin and others v Cave general

Doctor, amusement park

295

What section of what Act suggests provocation may be a defence to trespass to the person sometimes?

CJA 2003 Section 329

296

Section 3 PHA

Civil remedy - distress is sufficient and remedy goes beyond injunctions to damages for mental distress and maybe even pure economic loss

297

Fagan v Metropolitan Police Commissioner general

Policeman's foot

298

What case suggested compensatory damages may be reduced by provocation unless D's reaction was out of all proportion, and what judge?

Denning in Murphy v Culhane

299

Stephens v Myers general

Church meeting, fists

300

What does consent have to be?

Real, effective and C had capacity to consent

301

What case showed provocation may be allowed to reduce exemplary but not compensatory damages?

Lane v Holloway

302

Roberts v Bank of Scotland

Phone calls - PHA

303

Thomas v News Group

CoA accept publication of press articles capable of harassment, but can usually claim reasonable conduct under PHA unless outside scope of Article 10 (e.g. defamation)

304

What was the decision on recklessness for intentional interference in James Rhodes by the HoL?

Recklessness is not enough

Decks in Law Second Year Class (74):