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Flashcards in Trespass to the Person Deck (13)
1

What is the rule in R v Ireland?

Words alone can be assault

2

Green v Goddard. What is the rule?

Defence of the property includes ejecting a trespasser

3

Consent must be to a proper representation of the act. Which case is this?

Chatterton v Gerston

4

What is the rule in Tuberville v Savage?

Words can negate assault. IE "If there were no police here".

5

How are unlawful actions defined and by what case?

F v West Berkshire Health Authority. "Unlawful" actions are those that are socially unacceptable

6

F v West Berkshire Health Authority has what to say about the defence of necessity?

Actions must be reasonable and necessary.

7

A Doctor's failure to disclose all risks to a patient does not invalidate consent. What is the case?

Chester v Afshar

8

Participants consent to conduct within the "general spirit of the sport". What's the case?

Condon v Basi

9

What is assault?

"An intentional act by the defendant that causes the claimant to reasonably apprehend immediate direct infliction of physical force"

10

What is a Wilkinson v Downton case?

One where the defendant intentionally causes phychiatric harm.

11

What is the rule in Wainwright v Home Office?

A Wilkinson v Downton case isn't actionable per se

12

Is contributory negligence available in Trespass cases? Which case says yes/no?

No. Co-op v Pritchard

13

Actions for defence of the person must be what three things according to Cockroft v Smith?

In self defence
Reasonable
Proportionate