Tort - Topic 1 - Trespass to the Person Flashcards Preview

Law - Tort > Tort - Topic 1 - Trespass to the Person > Flashcards

Flashcards in Tort - Topic 1 - Trespass to the Person Deck (18)
Loading flashcards...
1

Define Assault

An intentional act by the Defendant causing the Claimant to reasonably apprehend the immediate infliction of unlawful force.

(R v Beasley)

2

Define Battery

The intentional direct application of unlawful force to another person.

3

Define false imprisonment

Act by the Defendant, which directly and intentionally causes complete restriction of the Claimant's liberty without lawful justification.

4

Within battery, define "intentional"

the defendant must intend only his actions, not the consequences (Wilson v Pringle)

5

Within Battery, define "direct application of force"

force must flow almost immediately and without intervention. Physical contact is not necessary.

- Definition if 'direct is broad (DPP, Scott v Shepherd)
- Slight physical contact is enough (Cole v Turner), even spitting (R v Cotesworth)

6

Within battery (and assault), clarify "unlawful force"

Physical contact that is generally acceptable in the ordinary conduct of everyday life will not be unlawful (F v West Berkshire Health Authority)

7

Within Assault, clarify "intentional act"

- Intentional conduct is necessary, if not, relevant tort is negligence (Letang v Cooper)

- Words, as well as actions, may constitute an assault (R v Ireland - "a thing said is a thing done")

- However, words may also negate an assault (Tuberville v Savage - "We're it not assize time")

8

Within assault, define "immediate"

"Within a minute or so" (R v Ireland)

9

Within assault, clarify "apprehend"

tested objectively i.e. 'would a reasonable person apprehend in those circumstances'

10

Within false imprisonment, clarify "act"

Must be an act (not omission) which is direct and intentional: Accidents are not convicted ( Sayer v Harlow)

11

Within false imprisonment, clarify "complete restriction"

If there is even one other way, no matter how inconvenient, the Defendant will not be convicted (Bird v Jones)

12

Is force required for false imprisonment?

No, words alone can commit this tort. (Davidson v C.C. of North Wales)

13

Defences available for trespass to the person:

1. Consent
2. Defence of the person
3. Defence of property
4. Necessity
5. Ex turpi
6. Statutory Authority
N.B. Defendant cannot allege contributory negligence.(CoOp v Pritchard) & (Pritchard)

14

Defence - Consent...

- May be implied or express consent

- Medical cases: a patient is deemed to have consented to medical treatment once informed in broad terms of the nature of the intended procedure. (Chatterton v Gerson)

- Medical cases: a doctor's failure to disclose risks will NOT invalidate the patient's consent. (Chester v Afshar)

- Sports cases: a sports competitor consents not only to all conduct within the rules of the sport, but also outside the rules, but within the spirits the sport. (Condon v Basi)

15

Defence - Defence to the person...

(Cockcroft v Smith): The defendant must establish that the force was:

- used in self-defence

- Reasonable

-Proportionate to the force used/threatened by the Claimant

16

Defence - Defence of property...

- One may take reasonable steps to defend one's property

- This includes taking reasonable steps to eject a trespasser (which might mean first asking trespasser to leave - Green v Goddard)

17

Defence - Necessity...

Defendant must show (1) that a situation of necessity existed, and (2) that his actions were reasonable

F v West Berkshire Health Authority:
- an emergency situation where the patient is unconscious
- a state of affairs (e.g. stroke) rendering the patient incapable of giving consent.

18

Name the three types of trespass to the person:

Assault

Battery

False Imprisonment