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Flashcards in Tort - T2P Cases Deck (24)
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Letang v Cooper

Carelessly run over whilst sunbathing

Intention is key for both torts of trespass


Re F (Sterilisation case)

Defence of necessity

All physical contact which is generally acceptable in the ordinary conduct of every day life will fall outside the scope of battery

Treating an adult without consent is justifiable where:
1. it is an emergency where patient is unconscious
2. state of affairs renders patient incapable of consenting


Wilson v Pringle

D jokingly jumped on C and accidentally hurt him

D need not intend consequences of actions to be liable, merely the actions themselves

Extra requirement of hostility


R v Ireland

Silent phone calls

Words can amount to assault (a thing said is a thing done)


Tuberville v Savage

"We're it not assize-time..."

Words can preclude the threat of battery


Wilkinson v Downtown

practical joke - pretended husband injured - nervous shock

C must have suffered a recognised form of illness and D must have intended action which caused C's condition.


Chatteron v Gherson

post operation scar - loss of sensation in limbs - not fully informed

For medical consent - need only be informed of broad nature of the procedure. Consent only invalid when completely different procedure performed.


Condon v Basi

Football foul - broken leg

Participants in sport have consented to conduct falling outside the rules but within the spirit of the sport.


Green v Goddard

Defence of property (retrieve a bull)

For defence of defence of property to apply, reasonable steps must be taken prior to physical contact e.g. asking them to leave.


Nash v Sheen

Defence of consent - "getting on the tube in the week before Christmas"


R v Brown

One cannot consent to ABH or GBH


Lane v Holloway

Defense of self-Defense - must be reasonable and proportionate


Co-operative Group (CWS) Ltd v Pritchard

Defence of contributory negligence is not available for T2P


Percy v Hall

Defence of statutory authority


Bird v Jones

Bridge closure e.g.

Liberty must be restricted in all directions for false imprisonment to apply


Herd v Weardale Steel

It is not false imprisonment to hold a man in conditions he accepted when going down a mine


Robinson v Balmain New Ferry

Ferry case

"There is no law requiring defendants to make exit from their premises gratuitous to people who come there upon a definite contract which involves their leaving the ware by another way."


Scott v Shepherd

"The infamous squib case"

Definition of direct is broad


Fowler v Lanning

Accidentally shot

T2P requires intention


Cole v Turner

Application of force:

Slight physical contact is enough


R v Cotesworth

Application of force

Even spitting is enough


Sayer v Harlow

False imprisonment

Must be an act, not an omision.


Davidson v C.C. of North Wales

False imprisonment

No force is necessary, words alone can commit this tort.


Cockcroft v Smith

Defences - defence of the person

D must establish that the force was:

- Used in self-defence
- Reasonable
- Proportionate