trespass to the person Flashcards
(18 cards)
Trespass to the Person
The actions where someone directly harms or interferes with another person’s physical body or personal freedom, without their permission. The law protects people’s physical integrity (their body and freedom), and trespass to the person is one way this protection works.
Types of Trespass to the Person
Trespass to the person includes different types of wrongs, like:
Battery: This is when someone intentionally makes physical contact with you without your permission.
Assault: This is when someone causes you to fear that a battery (physical contact) is about to happen.
False Imprisonment: When someone illegally restricts your freedom of movement.
Intentional Infliction of Emotional Distress: When someone intentionally causes you severe emotional pain.
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No need to prove fault: You don’t need to show that the person was careless or meant to cause harm—just that their action directly affected you.
No need for proof of damage: You don’t need to prove that you were harmed financially or otherwise, only that your body or freedom was interfered with.
Battery
Battery is when someone intentionally makes physical contact with you without your consent. Even if the contact is not meant to harm you, it’s still considered battery as long as it wasn’t agreed upon.
Intentional Act: The person doesn’t need to want to harm you, but they must want to make contact with you. For example, if someone tries to punch one person but accidentally hits another, that’s still battery.
Hostility: For an action to be considered battery, it doesn’t necessarily have to be mean or angry, but it should go beyond normal, everyday contact (like a handshake).
assault
Assault is when someone makes you fear that they are about to physically hurt you. It’s not about actual harm, but the threat of harm.
For example, if someone points a gun at you in a way that makes you think they’re going to shoot, that could be considered assault.
Example Scenario
Imagine you’re in a prison, and you refuse medical treatment. The authorities want to force-feed you to keep you alive. If they do this without your consent, is it battery? The answer depends on several factors, like whether the action was hostile or necessary for your health. It’s a complex issue in the law because it deals with balancing individual rights and safety.
In short, trespass to the person covers legal issues where someone directly affects your body or freedom without permission, and battery and assault are two examples of how that can happen.
Reasonable Apprehension of Immediate Battery (Assault)
When we talk about assault in law, it doesn’t always mean physical harm—it can be about fear of harm. If someone causes you to fear that you are about to be harmed, that’s considered an assault.
Example:
In the case of R v St George (1840), a person pointed a gun at another person. Even though the gun was unloaded and couldn’t harm anyone, the victim feared being shot, so it was still considered an assault in the eyes of the law. If the victim had known the gun was empty and wasn’t scared, there wouldn’t be an assault because the fear wasn’t reasonable.
Words and Fear of Immediate Harm
It’s not just actions that can make someone fearful of harm—words can also do it. If someone says something threatening, like “I’m going to break your legs”, it could make you afraid of immediate harm, even if they haven’t physically touched you.
Example:
In Tuberville v Savage (1669), a man had his hand on a sword in a threatening way, but then said, “If it weren’t for the judge being nearby, I wouldn’t take this from you.” The court decided there was no assault, because the words made it clear there was no immediate danger.
Intentional Infliction of Emotional Distress (IIED)
This is when someone causes severe emotional harm on purpose (or by being reckless), rather than just being careless. It’s about emotional damage, not physical injury.
The law Wilkinson v Downton (1895) is where this started. A man played a cruel joke on a woman by telling her that her husband had been seriously hurt in an accident. This false news caused the woman violent shock, which led to her physical harm, like vomiting and even being hospitalized. The court decided that it was not just a bad joke, but intentional emotional harm, and she was entitled to compensation.
Example:
In Janvier v Sweeney (1919), the defendant pretended to be a detective and scared a woman into thinking she was connected to a German spy. The woman suffered emotional distress, and the court again applied the principle from the Wilkinson v Downton case.
Attempts to Change or Remove This Tort
In modern times, some people have tried to limit or even remove the ability to sue for emotional distress. For example, in Wainwright v Home Office (2003), a woman was searched in a humiliating way by prison guards, but there was no physical contact, so the court was unsure if emotional distress alone could be grounds for a legal claim. Lord Hoffmann argued that this law was outdated and should be merged with other laws like harassment.
However, in the case of Rhodes v OPO (2015), the Supreme Court confirmed that the Wilkinson v Downton law still applies in some cases. For example, it could be used in situations where someone intentionally causes emotional harm, like in harassment cases or even situations where someone publishes something that causes emotional damage to another person (like writing a book about a painful subject).
example:In ABC v West Health 2000 Ltd & Whillock (2015), a teacher manipulated a vulnerable student into a harmful relationship, causing the student severe emotional distress. The court found the teacher intentionally caused harm, and this fit within the rules of Wilkinson v Downton, meaning the student had a right to compensation.
Key Points to Understand:
Assault:
You don’t need to be physically harmed to be assaulted. If someone makes you fear an immediate threat of harm (even if it’s just by words or gestures), that can be considered assault.
Intentional Infliction of Emotional Distress (IIED): If someone intentionally causes you severe emotional harm (like playing a cruel joke or lying to you), that can be a legal claim for emotional distress.
Freedom of Expression vs Emotional
Harm: Some cases (like Rhodes v OPO) show how courts balance people’s right to say things freely with protecting people from harmful emotional distress caused by others.
False Imprisonment
False imprisonment happens when someone restrains or constrains your freedom without your consent. It’s like being trapped somewhere and not being allowed to leave, either through physical force or psychological pressure.
Total Restraint: The restraint must be complete, meaning you can’t move freely at all.
For example, if someone locks the doors of a room so you can’t leave, that’s false imprisonment.
Psychological Restraint: Sometimes, physical force isn’t needed. If you’re not physically locked in a room but feel like you can’t leave because you’re afraid, that’s also false imprisonment. For example, if someone threatens to use force if you try to leave, it can be considered false imprisonment, even if you’re not physically restrained.
Not False Imprisonment: If someone just watches you but you can still go wherever you want, that’s not false imprisonment. Also, if you’re told you’ll be locked in a place if you try to leave (but you’re not actually restrained yet), it isn’t false imprisonment.
Example: In Chaytor v London (1961), a store manager told someone that they couldn’t leave because they were suspected of being a spy, and the person complied out of fear. Even though they weren’t physically restrained, the fear made them feel trapped, which was treated like false imprisonment.
Consciousness of Confinement: You don’t have to know you’re being falsely imprisoned at the moment for it to be false imprisonment. But if you’re unaware of the restraint, you might only get nominal damages (a small amount of money) since there was no harm to you.
Failure to Release: If someone promises to let you go but doesn’t, that can be false imprisonment.
For example, in Whittaker v. Sandford (1912), a woman was promised she could leave a yacht but wasn’t allowed to get off for a month. That was false imprisonment.
Agreement or Terms: Sometimes, people agree to have restrictions on their movement, like workers who can’t leave during work hours. If someone’s detained for a short period (like 30 minutes after work), it might not be false imprisonment if it’s reasonable (e.g., waiting for a supervisor to open the gate).
Defenses to False Imprisonment
Sometimes, someone can claim that they were allowed to detain you because you consented. This is a defense against false imprisonment.
Consent: If you agree to being restrained (like during a game or a search at work), it’s not false imprisonment. However, consent must be real. If you were tricked or forced into agreeing, that can invalidate your consent.
Example: In Corcoran v. W & R Jacob & Co (1945), an employee was searched as part of their job, but the court ruled that a search dive by security wasn’t acceptable. The security officer’s action went beyond what the employee had agreed to.
Implied Consent: Sometimes consent is assumed by the situation. For example, if you’re playing a game like rugby, you consent to the contact that comes with the game, but if someone punches you in a way that’s way outside the game rules, that could be a battery (a different tort).
Example: In R v. Brown (1994), the court discussed consensual acts in S&M situations and concluded that some acts (like extreme violence) could still be criminal even if both parties consented.
Fraud or Duress: If someone tricks or pressures you into consenting to something (like fraud), then your consent might not count.
Example: In R v Dica (2004), a man knowingly spread HIV without telling his partner. He didn’t have valid consent because he lied about his condition.
Consent in Medical Procedures
Patient Autonomy: Patients have the right to decide what happens to their body. Doctors must get consent before performing any procedure.
Schloendorff v. Society of New York Hospital (1914): Justice Cardozo said that any adult with sound mind has the right to decide what happens to their own body. If a doctor performs an operation without consent, it’s considered assault.
Right to Refuse Treatment: You can refuse treatment or choose a different option, even if the doctor disagrees. It’s your right as long as you understand the decision, even if it seems irrational.
Example: If you choose positive thinking over medical treatment, the doctor can’t force you into treatment. If they do, it’s battery.
Informed Consent: Doctors must explain all risks of a treatment. If they don’t, it’s medical negligence, not battery (because you weren’t fully informed).
Defenses to Battery (Self-Defense and Defense of Others)
Self-Defense: If someone attacks you, you have the right to use reasonable force to defend yourself.
Ashley v. Chief Constable of Sussex Police (2008): In criminal law, it’s enough if you honestly believe the force you used was reasonable, even if you’re mistaken. In tort law, it must be both honest and reasonable.
Proportionality: The amount of force used in self-defense must be proportional to the threat. If you use excessive force, you may be liable for battery.
Example: In Gregan v. Sullivan (1937), a man used a pitchfork to defend himself against a much older man. The court said that using a pitchfork was excessive and unreasonable.
Defense of Others: You can use reasonable force to defend others, similar to how you can defend yourself. Employers can protect their employees from battery, and husbands can protect their wives.
Example: In People (AG) v Keatley (1954), the right to defend others was discussed in the context of criminal law.
Other Defenses (Necessity, Lawful Authority, and Defense of Property)
Necessity: This defense applies in emergencies where an action that would normally be unlawful is justified to avoid a greater harm.
Example: If you break into someone’s house to save your own from a fire, this is justified because it was necessary to prevent a greater harm.
Re F (Mental Patient: Sterilization) [1990]: Lord Goff talked about public necessity (e.g., destroying property to stop a fire) and private necessity (e.g., entering someone’s land to protect your own).
Lawful Authority: Some authorities, like the police, have the right to use force if it’s needed to maintain order or arrest someone.
Example: Under the Criminal Law Act 1997, the police can arrest someone without a warrant if they have a reasonable suspicion. If they don’t have reasonable suspicion or use excessive force, they could be sued for false imprisonment or battery.
Defense of Property: You can use reasonable force to protect your property from trespassers. However, you can’t use excessive force to protect your property.
Example: In MacKnight v. Xtravision (1991), security guards were allowed to use reasonable force to remove a trespasser but went too far and caused injuries. The court said the force used was unreasonable in the circumstances.
ASSUALT:
1. turberville v savage:
turbervile had a fight with savage and put his hand on his swords and said if there was no law he would’ve acted different. savage sued for assault, but the court found this not an assault as tuberville didn’t do anything.
- EMOTIONAL DISTRESS:
- Wilkinson v Downton:
a man joked and lied to a women saying her husband is in the hospital, leaving her to have violent attacks and throw up and go to the hospital. the court said this was a bad joke and caused emotional distress to the women and she deserves a compensation.
THE ABILITY TO REMOVE THIS TORT:
many wanted to remove the ability to sue for emotional distress, but in the:
WAINWRIGHT V HOME OFFICE:
a women and her son went to prison and they had to be checked, they were stripped ( but no physical contact was made). they felt humiliated and sued for emotional distress. the court ruled that they need to get compensated as they felt humiliated.
3: FALSE INPRISONMENT:
1: chaytor v London:
a store manager told a costumer they can’t leave as he suspected that they were a spy, this made the costumer fear. even though they weren’t actually trapped, they still were scared. this Is false inprisonment.
2: Whittaker v sandford
a woman was promised to be able to leave the yacht, but was held for a month. this is false inprisonment.
Schloendorff v. Society of New York Hospital (1914): Justice Cardozo said that any adult with sound mind has the right to decide what happens to their own body. If a doctor performs an operation without consent, it’s considered assault.
In Gregan v. Sullivan (1937), a man used a pitchfork to defend himself against a much older man. The court said that using a pitchfork was excessive and unreasonable.
