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Flashcards

Tort Trespass to the Person

Laura Millward Tort Law English 49 cards

Cards in this deck (49)

  1. 1Fowler v LanningNo trespass if causes unintentionally and without fault.
  2. 2Letang v CooperRestricted trespass to intentional acts.
  3. 3Wilson v PringleIntention relates to the contact and not to level of harm.
    Battery = intentional touching accompanied by hostility. No battery if could have been expressly or impliedly consent to.
  4. 4Iqbal v Prison Officers AssociationIntention to apply force includes subjective recklessness
  5. 5Livingstone v MODDoctrine of transferred malice applies
  6. 6Reynolds v ClarkeMust be direct act.
  7. 7Scott v ShepherdDirect includes an application of force that is direct and immediate result of the defendant's actions.
  8. 8Fagan v MPCPolice officer, car on foot. This was held not to be an omission when he didn't move car. Direct application of force via car.
  9. 9Dodwell v BurfordDirect contact can be applied without touching person - hit horse.
  10. 10R V CotesworthSpitting is a trespass to the person
  11. 11Hopper v ReeveDrove towards another deliberately.
  12. 12DPP V KSulphuric acid in a hand dryer.
  13. 13Nash v SheenHairdresser dying hair without permission is battery.
  14. 14F v W. Berks Health AuthNot ill will but doing something without consent = hostility.
  15. 15R v Wilson'Get the knives out' = assault
  16. 16R v IrelandSilence can = assault
  17. 17Tuberville v Savage"If it wasn't for... then i would... " with hand on sword. Words negate assault.
  18. 18Thomas v NUMMiners strike being transported through the picket line in vehicle. Threat to harm in future unlikely to be an assault.
  19. 19Stephens v MyersLunged in a meeting. Very much immediate. Assault.
  20. 20Subjective testWould reasonable person in claimant's position apprehend immediate battery?
  21. 21False ImprisonmentDirectly and intentionally cause complete restriction of claimant's liberty without lawful justification.
  22. 22Collins v WillcockPolice officer stopping someone from leaving. No grounds to do so. Assault.
  23. 23Iqbal v Prison Officers AssociationSubjective reckless will suffice for false imprisonment - knows that restraint is likely consequence of actions but goes ahead.
    Prison officer strike meant that he had to stay in his cell.
  24. 24R v Governor of Brockhill Prison ex p EvansFalse imprisonment must be direct and intentional. Prisoner kept in after he should had bee released. Gvnr didn't realise but irrelevant as he kept him in.
  25. 25Bird v JonesBeing stopped from walking over a bridge is not a false imprisonment as could go the other way.
  26. 26Meering v Grahame - White AviationClaimant told to go to bosses office. Waited without knowing that there were people outside that would have stopped him from leaving. Do not need to be aware that you are being restrained.
  27. 27Davidson v CC N. WalesNo need for any force. Words can suffice.
  28. 28Robinson v Balmain New Ferry1p to cross river, paid to get through barrier, tried to get back through without paying another 1p. Not falsely imprisoned. He could have paid.
  29. 29Herd v Weardale SteeleMiner finished work early (refused to work full hours). Demanded to be taken up earlier. Refused. Held to conditions he had accepted when he went down. No false imprisonment
  30. 30R v St GeorgeUnloaded gun held at claimant who didn't know = assault.
  31. 31Chatterton v GersonIf nature and purpose know then consent defence.
  32. 32R v WilliamsSex to help singing. Did not give valid consent as she didn't understand what she was consenting to. No defence.
  33. 33Appleton v GarrettDodgy dentist carried out unnecessary work for money. Did obtain true consent. No defence
  34. 34Collins v WilcockPC on member of public. Implied consent. Defence.
  35. 35R v RichardsonUnregistered dentist gave competent treatment. Consent was valid.
  36. 36R v TabassumBreast exam research. Consented but wasn't a doctor and wasn't researching so not true consent.
  37. 37R v BrownIf there is ABH suffered then it is immaterial that there is consent.
  38. 38Re A (Children) (Conjoined Twins: Medical Treatment)Necessity to 'avoid an inevitable and irreparable evil.'
    Evil inflicted must not be disproportionate to evil prevented.
  39. 39Collins v WilcockIf police arrest lawfully then there is a defence - Statutory Authority
  40. 40R v HLawful chastisement defence - court will examine time, level and what done etc.
  41. 41Lane v HollowayWhat is reasonable force is question of fact for each case.
  42. 42Cockcroft v SmithBiting off a finger to prevent someone from poking you in the eye is not justifiable self-defence.
  43. 43Wilkinson v Downton RuleDeliberate act or words
    Calculated to cause harm to the claimant
    Harm caused
    Unlawful - no lawful defence
  44. 44Janvier v SweeneyWilkinson and Downton
    Told being investigated as a spy and wasn't.
  45. 45Rhodes v OPOWilkinson and Downton Rule
    Family distressed that Rhodes had written a book discussing abuse he had experienced. Supreme court decision - not calculated to cause harm.
  46. 46Wainwright v Home OfficeWilkinson and Downton Rule
    Strip searched on prison visits. Not to everyone's taste but there needs to be harm not just upset.
  47. 47Wong v Parkside Health NHSWilkinson and Downton Rule
    Promoted and colleagues mocked. Insufficient harm caused.
  48. 48Bird v HolbrookSpring gun to deter. Shoots whoever sets off trap. Not reasonable so not self-defence.
  49. 49Murray v MODFor kidnap you do not need to know that you are completely restricted. Told to wait in office, unbeknownst to M people outside the door to prevent him leaving

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Tort Law Flashcards on Tort Trespass to the Person , created by Laura Millward on 01/11/2017.
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Laura Millward
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