Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

tort > trespass 2 > Flashcards

trespass 2 Flashcards

1
Q

what is battery

A

‘The actual infliction of unlawful force on another person’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what case did the definition of battery come from

A

Collins v Wilcock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what did Lord Denning say could be a battery in R v Chief Constable of Devon and Cornwall

A

‘An unwanted kiss may be a battery although the defendant’s intention may be most amiable’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is the intention

  • what does it include
  • what needs to be intended and what doesn’t need to be intended
A
  • Intention includes subjective recklessness
  • Intention as to the contact, not the consequences / consequential harm (D does not have to intend that the contact was unlawful)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

case for intention

A

Williams v Humphrey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what did courts hold in Williams v Humphrey (consequential harms)

A

even if the act is intentional. you don’t need to intend the harmful consequence for there to be a battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

trespass must be what 2 things

A

direct and immediate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what case does the idea of direct and immediate come from

A

Reynolds v Clarke- Fortescue CJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is the difference between negligence and trespass

A
  • Trespass: intention

- Negligence: unreasonable conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what was questioned in Scott v Shepherd

A

what directness means

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what was held in Scott v Shepherd

A

that there was direct enough action between the D and c for battery as the stall holders did not act voluntarily, they acted in the heat of the moment, to protect themselves and their goods. Therefore, there was battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

is hostility required

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

hostility

what did Lord Holt say in Cole v Turner

A

‘the least touching of another in anger is a battery’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

hostility

what does Goff LJ say in Collins v Wilcock

A

-Must be beyond that which is ‘generally accepted in the ordinary conduct of daily life’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

outcome in Collins v Wilcock

A

There was no need for the lady to be restrained. So, the officer committed battery, court accepted this. There was no lawful authority to restrain her.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

whether hostility is needed, was questioned in what case

A

Wilson v Pringle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what was concluded by Goff LJ in Re F

A
  • that a line should be drawn between what we accept in everyday life and what we don’t accept
  • this could fall along gendered lines, men and women may have different views on what is sexual and not sexual touching etc
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what statutory provision determines whether the police acted in a lawful or unlawful way

A

PACE act 1984

19
Q

case for police powers

A

-Pile v Chief Constable of Merseyside Police

20
Q

outcome in Pile

A

Mr Justice Taylor found that it was lawful to change her clothes as it was for hygiene purposes- there was a section in the police powers which stated this is lawful

21
Q

definition of an assault

A

An act which causes another person to apprehend the infliction of immediate, unlawful force on his person’

22
Q

what case did the definition of assault come from

A

Collins v Wilcock

23
Q

outcome in Thomas v National Union of Miners (NUM)

3

A

there were police separating the working and striking miners,

  • therefore the court held that D’s didn’t have the means of carrying out the threat as any physical actions would have been prevented by the police.
  • It didn’t constitute assault.
24
Q

Gestures, words, and silence

outcome in R v Meade and Belt

A

no words or singing are equivalent to assault’

25
Q

Gestures, words, and silence

outcome in Tuberville v Savage

A

words can negate actions

26
Q

Gestures, words, and silence

R v Ireland outcome

A
  • Lord Steyn held that silent calls could constitute an assault as it could cause a person to fear the possibility of immediate unlawful force
27
Q

assault

Read v Coker outcome

A

court held that a conditional threat still constitutes an assault

28
Q

assault

Stephen v Myres outcome

A
  • Although no battery took place, the court said that the D had a reasonable apprehension that force may still occur- there was an assault.
  • apprehension of force must be reasonable
29
Q

what did Conaghan say about men and women in ‘Gendered harms and the role of tort’

A

that men and women may see sexual acts, behaviour and propositions differently, so different things may or may not be ‘threatening’

30
Q

what did Magruder say when it comes to sexual touching etc

A

‘there is no harm in asking’

31
Q

what is false imprisonment

A

The unlawful imposition of constraint on another’s freedom of movement from a particular place’

32
Q

Hague v Deputy Governor of Pankhurst Prison and Others

outcome

A

that if the detention is lawful but the conditions of the detention are in breach of prison rules, there is no FI- no compensation allowed to be given

33
Q

what is the criticism from Lumba

A

that false imprisonment is no longer protecting satisfactory against abuses of power

34
Q

what does Article 5(4) ECHR state

A

-‘Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful’.

35
Q

What does Steele say about Lumba and Hague

A

‘it has become much harder to maintain that false imprisonment operates satisfactorily as a constitutional tort, protecting against abuse of power’

36
Q

Parker v Chief Constable of Essex outcome

A

if a third party did have a reasonable cause, another police officer, to suspect that someone committed an offence, and if they had been the person to conduct the arrest, then it would have been lawful

37
Q

what three things must be present for there to be FI as seen as in Iqbal v POA

A
  • intention for FI
  • directness between C and D
  • positive action e.g. locking a door
38
Q

Bird v Jones outcome (2)

A
  • there must be complete restriction of movement for there to be FI
  • no reasonable means of escape
39
Q

Robinson v Balmain outcome

A

there was reasonable means of escape so no FI

40
Q

Jollah v SoS outcome

A
  • His movement was completely restricted, because if he left he would have faced criminal sanctions so he wasn’t voluntarily staying in one place
  • False imprisonment
41
Q

Walker v Commissioner of Police (unlawfulness)

2

A
  • Unlawfulness often depends on the powers of arrest or detention
  • If there is no lawful ground for an officer to detain someone it is false imprisonment
42
Q

CC of Thames Valley Police outcome

A

There was false imprisonment because the extent of the search warrant only extended to the officer’s searching the premises, not the people on the premises

43
Q

Austin and Others outcome

3

A
  • There was false imprisonment
  • But D had a defence of necessity
  • No breach of Article 5- right to liberty
44
Q

Brockhill Prison outcome

A
  • D has to intend imprisonment but not it being unlawful

- Being detained longer than one needs to be is FI

tort (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions