Flashcards in Tort - T2P Cases Deck (24)
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
"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
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
Must be an act, not an omision.
Davidson v C.C. of North Wales
No force is necessary, words alone can commit this tort.