Flussdiagramm
Assault & Battery flowcharts
Inhalt des Flussdiagramms
BATTERY
Intentional
Direct
Force
Another
Letang v Cooper [1965]
Sunbather Legs
Can be with an object
Cole v Turner [1704]
"Least touching of another in anger"
Unlikely to be an issue!
Wilson v Pringle [1987]
"Hostile touching"
ASSAULT
Act
Reasonable
Immediate Infliction
Battery
Apprehension
Stephens v Myers [1830]
Blow which never lands (YES)
Tuberville v Savage [1669]
"Assize time". Gesture with words expressing no intention (NO)
Menace of imminent contact
Apparent ability to carry out the threat
DEFENCES
Consent
Self Defence
Defence of Property
Necessity
Reasonable force may be used in defence of property
Possession is not necessary
Reasonable force may be used in defence of one's person or another person
Must be acting on a reasonable (even if mistaken) belief of an attack
Reasonable force in the circumstances:
Revill v Newberry [1996]
Must be an urgent situation of imminent peril
Measures taken must be reasonable. What is reasonable will depend on whether life or property at risk
It is a defence that the claimant consented to defendant's act
Person of sound mind can refuse medical treatment or food
A Sportsperson cannot sue if the claimant was acting within the rules of the game
Re T [1992]
If harm is intentional but not direct - may be a Wilkinson v Downton [1897] claim
Informationen
- Beschreibung
- Level 6 Law of Tort (Trespass and Related Torts) Flussdiagramm am Assault & Battery flowcharts, erstellt von Dave Ballam am 05/12/2017.
- Erstellt von
- Dave Ballam
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