TRESSPASS TO THE PERSON Flashcards Preview

Tort Law > TRESSPASS TO THE PERSON > Flashcards

Flashcards in TRESSPASS TO THE PERSON Deck (9)
Loading flashcards...
1

Which three categories fall under this heading?

False imprisonment
Battery
Assault

2

What are three characteristics of the three sections?

Must be committed intentionally
Causes direct interference with C’s rights.
Actionable ‘per se’

3

What is battery defined as?

Actual infliction of an unlawful force on another person.

4

What elements are required for battery?

Intention to act
Application of direct and immediate force
Contact is unlwaful

5

Does it matter if consequences were not intended?

Only the act needs be intended

An unintended victim can claim on basis of transferred intent

6

What is assault?

An act which causes another person to apprehend the infliction of immediate, unlawful force on his person

7

What are the mental requirements for assault?

The same as battery

8

What are the elements required for false imprisonment?

Intention to restrict C’s freedom of movement
Complete restriction of movement
Without lawful authorisation

9

What are the defences for trespass to the person?

Consent
Necessity
Ex turpi causa
Contributory negligence
Self defence