Trespass to the Person Flashcards
(14 cards)
What is required for the tort of battery?
Intention to commit the action (not intention to commit harm)
[Cole v Turner, Holt CJ) “The least touching of another in anger is a battery” (anger not required but may aggravate damages)
How is ‘directness’ an element of battery?
Liability requires sufficient ‘directness’ (eg setting a trap for somebody, compared with negligently leaving a hole for a person to fall into)
Harmful contact must result from defendant’s direct & immediate act, rather than an indirect or consequential chain of events.
Define the tort of battery
“The act of intentionally applying force to the body of another person without that person’s consent or other lawful justification.”
Battery: Modern Rationalisation [Lord Goff]
“every person’s body is inviolate.”
Absence of consent a crucial element in tresspass to the person
Battery: Exceptions for everyday actvities
[In Re F, Lord Goff] “A broader exception has been created to allow for the exigencies of everyday life”
“This exception has been said to be founded on implied consent, since those who go about in public places, or go to parties, may be taken to have impliedly consented to bodily contact of this kind”
What did Fowler v Lanning establish in trespass to the person?
Trespass to the person does not lie if plaintiffs injury, although direct consequence of defendants act, was caused UNINTENTIONALLY
How does assault differ from battery?
Assault (threat of harm)
Battery (actual physical contact)
What did Police v Greaves establish in the tort of assault?
Conditional threats can be assaults (Eg “hand over your money or I will stab you”)
What did Tuberville v Savage establish for the tort of assault?
“In some instances words can negate the imminence of the battery “ → immediate danger required
(if steps can be taken to mitigate battery - eg future threat, not assault)
What did R v Wilson establish for the tort of assault?
Liability remains even if threat was puported by non-absuing party
(agents of battery are not the ones verbally expressing threat)
Eg “He’s going to shoot you”
Define: False Imprisonment
Occurs when plaintiff is detained or imprisoned by another person acting without lawful justification.
What 2 things did Bird v Jones establish as a requirement for false imprisonment?
1) Total Restraint (no reasonable means of escape)
2) Complete deprivation of liberty
Can a person claim for false imprisonment if they voluntarily accept a risk or terms?
No - It is not false imprisonment if a person voluntarily accepts terms (e.g., paying to enter & exit a pier, or agreeing contractually to length of a shift in a mine)
[Herd]
Is consciousness required for claims in false imprisonment?
No - A person can be falsely imprisoned even if they are unaware of it, as long as the restraint is tangible and real
Murray v Ministry of Defence [1988]
