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Flashcards in Trespass to the Person Deck (24):
1

Battery must be committed intentionally

Fowler v Lanning

2

There must be a direct act for there to be a battery

Reynolds v Clarke (throwing log)
Fagan v MPC

3

The least touching of another in anger is battery

Cole v Turner

4

Spitting in face is a battery

R v Cotesworth

5

Suggestion that there is an additional requirement of hostility in battery

Wilson

6

Consent may be a defence

Nash v Sheen

7

Consent in medical treatment

Airedale NHS Trust v Bland

8

Consent is immaterial if ABH suffered

R v Brown

9

Assault is an act that produces in the claimant a reasonable expectation of immediate, unlawful force

R v Beasley

10

Words alone may suffice for an assault

R v Wilson

11

R v Ireland

Silence, which causes psychiatric damage, may amount to an assault

12

Words negated assault

Tuberville v Savage

13

Threat to harm must be present

Thomas v NUM
Stephens v Myers

14

Residuary trespass

Wilkinson v Downton

15

harassing phone calls to claimant = residuary trespass under wilkinson v downton

Khorasandijan v Bush

16

Self-defence

Lane v Holloway

17

Ex turpi causa

Lane v Holloway

18

False imprisonment- must show restriction in all directions

Bird v Jones

19

False imprisonment, not necessary for claimant to be aware of his situation

Meering v Grahame-White, confirmed in Murray v MOD

20

Act must be direct act by defendant

Sayers v Harlow

21

No need for any force for false imprisonment; words may be enough

Davidson v Chief Constable of North Wales

22

Confinement may be justified if claimant has failed to comply with a contractual obligation

Robinson v Balmain New Ferry; Herd v Weardale Steel

23

Lawful arrest - must be informed of reasons

Christie v Leachinsky

24

Wrongful continuation of an original lawful imprisonment may be false imprisonment

Roberts v Chief Constable of Cheshire