Trespass To Person Flashcards
Assault - Intentional Conduct is Essential
LETANG v COOPER
Words, as well as actions, may constitute assault
R v IRELAND
Words may Negate assault
TURBERVILLE v SAVAGE
Immediate - Within a minute or so
R v IRELAND
Battery - Intentional - D must only intend his actions not the consequences
WILSON v PRINGLE
Direct Application
Force must flow almost immediately and without intervention
Unlawful Force - Generally accepted physical contact in ordinary conduct of everyday life will not be unlawful
F v WEST BERKSHIRE HEALTH AUTHORITY
Defences - Claimant cannot allege Contributory Negligence as a defence to claims of Assault / Battery
COOPERATIVE GROUP v PRITCHARD
Consent - Medical - Consented once been informed of nature of procedure intended
CHATTERTON v GERSON
Consent - Medical - Failure to disclose risks will not invalidate consent
CHESTER v AFSHAR
Consent - Sport - Within the Rules of the Sport but also conduct outside the rules, but Within Spirt of the Game
CONDON v BASI
Defence of the Person
- Reasonable
- Proportionate
COCKCROFT v SMITH
Defence of Property
- Reasonable steps to eject trespasser
GREEN v GODDARD
Necessity
- Situation existed (emergency)
- Actions were reasonable
F v WEST BERKSHIRE HEALTH AUTHORITY
Rule in WILKINSON v DOWNTON
- Intention to cause shock
- C suffers some tangible damage
- Medically recognised
WILKINSON v DOWNTON
WAINWRIGHT v HOME OFFICE
