trespass to the person

Question 1

what did Joanne Conaghan say about gendered harms and sexual harassment (1996)

Answer 1

• eroticize inequality

- one where men routinely dominate and women commonly submit

Question 2

what are the three torts?

Answer 2

battery
assault
false imprisonment

Question 3

what is a trespass to the person?

Answer 3

• infringement of individuals person, metal or bodily integrity
• are actionable per se (without proof of loss)

Question 4

which case gives the definition for the 3 torts?

Answer 4

goff LJ in Collins v Wilcock (1984)

Question 5

what is a battery?

Answer 5

actual infliction of unlawful force on another person

Question 6

what is assault?

Answer 6

act which causes another to apprehend the infliction of immediate unlawful for to his person

Question 7

what is false imprisonment?

Answer 7

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

Question 8

what must the tort be?

Answer 8

• cause of direct and immediate unlawful interference with claimants personal integrity
• be committed intentionally

Question 9

intention

case for wilful and voluntary act?

Answer 9

Letang 1965

Question 10

intention

case fo subjective recklessness as to the consequence of the act?

(acknowledge there’s a likely risk of harm and do it anyway)

Answer 10

Iqbal 2009

Question 11

which case says the unlawful interference warrants damages
AND
the consequential harms and losses warrant damages

Answer 11

ashley v chief constable sussex police (2008)

Question 12

what happened in Ashley 2008?

Answer 12

• relatives claim for person shot during armed raid
• police aquitted of murder, no beyond reasonable doubt
• civil law proof is balance of prob
• chief const admit negligence to planning of raid
• they got compo, wasn’t enough wanted to admit shooting wrong and it was battery
• HOL said yes as they want vindication of rights not compo

Question 13

what happened in Lumba v sec of state for home dept (2011)?

Answer 13

• L impirson then detained for deport
• had been unlawfully detained and unlawful policy followed
• argue if correct procedure had been followed would still have been detained
• SC said had been false imprisonment but only received nominal damages
• 3 dissent saying should have full damages as undermines wrong of the tort

Question 14

legislation for battery?

Answer 14

section 39, Crim justice act 1988

Question 15

legislation for technical assault?

Answer 15

section 39 crim justice act

Question 16

legislation for assault occasioning actual bodily harm?

Answer 16

section 47 offences against person act 1861

Question 17

legislation for rape?

Answer 17

section 1, sexual offences act 2003

Question 18

legislation for sexual assault by penetration?

Answer 18

section 2 sexual offences act 2003

Question 19

what did lord Dennings say about an unwanted kiss and what case?

Answer 19

ex p central electricy 1982

an unwanted kiss may be battery although intention may be most amicable

Question 20

intention and subjective recklessness

what is the case where youth push dad into water and suffer serious injury
found even though no intention to cause harm he wasn’t part of the rough play so was no consent
so it was a battery

Answer 20

Williams (1975)

Question 21

direct and immediate harm

the case where def though firework into market stalls, holders threw it onto save their stalls, someone lse eye
ruled def direct enough for battery even though 2 others threw as they were trying to prevent harm def caused

Answer 21

reynolds (1725)

Question 22

unlawful force

which case said more than hostile conduct needed, must be beyond ‘generally accepted in ordinary conduct of life’

Answer 22

goff in

collins (1984)

Question 23

what happened in collins v Wilcocks 1984?

Answer 23

collins sex worker restrain by police, she scratch officer, charge with assault

• def argue wrong restrain as there was no need for a caution, so said officer commit battery
• court accept no assault as she was defending against battery
• officer had no authority to restrain
• emphasis on amount of physical conduct we accept in normal life

(wilson 1987 conflicts with this)

Question 24

what did lord goff say in Re F 1990?

Answer 24

following could all be battery without being labelled hostile:

• prank out of hand
• slap on back
• surgical treatment done with mistaken consent

Question 25

unlawful force and police powers pile 2020

Answer 25

- woman drunk covered in sick - officers change her out of dirty clothes, claim its battery - found necessary for hygiene reasons under 1984 act it's the scope of powers under police and crim evidence act 1984 that will determine if act is lawful

Question 26

what is the intention with assault?

Answer 26

that the unlawful force be apprehended

Question 27

which case said the def must have the means of carrying out the threat (miners crossing picket line, said they apprehend assault but police were there so they weren't capable)

Answer 27

thomas (1985)

Question 28

In which case said words could negate actions in relation to assault? (words negate hand on sword)

Answer 28

tuberville 1669

Question 29

which case said silent phone calls could amount to assault?

Answer 29

r v ireland 1998

Question 30

which case said conditional threat can still be assault? | if you don't leave well break your neck

Answer 30

read 1853

Question 31

which case said the apprehension of force must be reasonable? (def at parish council, threaten chair, 6 others stopped physical assault but still had reasonable apprehension)

Answer 31

stephen 1830

Question 32

what did Conaghan 1996 say about the way men and women see sexual acts?

Answer 32

men and women see sexual acts differently what a woman may find threatening a man doesnt

Question 33

what did Magruder 1936 say about differences in male and female sexual acts?

Answer 33

From his point of view, ‘there’s no harm in asking’

Question 34

false imprisonment which case said it requires intention, directness, and positive action?

Answer 34

Iqbal 2009 (prison officer strike, said prisoners being locked in was a likely consequence, but COA said wasn't enough directness and positive action)

Question 35

false imprisonment which case said def doesnt have to intend or be recklessly negligent as to imprisonment being unlawful?

Answer 35

ex p evans (2001)

Question 36

what happened in ex p Evans?

Answer 36

- release date calculate in line with judicial interpretation - interpretation later revised so evans spent 59 days too long - governor had acted reasonably in calculating but tort is about lawfulness not unreasonableness

Question 37

false imprisonment which case said no reasonable means of escape?

Answer 37

jollah (2018)

Question 38

false imprisonment which case said where def is public authority c may also have an action for damages under art 5 ECHR (right to liberty)?

Answer 38

Brooks (2005)

Question 39

false imprisonment the case for justification of false imprisonment?

Answer 39

Austin (2005) | Austin v UK (2012 ECHR)

Question 40

what happened in Austin in 2005?

Answer 40

- police cordon in protest, capture innocent people - false imprisonment under art 5 - COA said there was breach - HOL said defence of necessity to prevent damage defeat art 5 right - ECHR upheld decision

Question 41

article for justification of false imprisonment?

Answer 41

Feldman 2009

Question 42

what did jenny Steele say about false imprisonment set out in Hague?

Answer 42

does not operate satisfactorily as const tort to protect against abuse of power

Question 43

what happened in Hague 1992

Answer 43

- when detention lawful but condition of detention isn't (like hygiene compared to prison regulations) - lords said not FI