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Assault & Battery flowcharts

Dave Ballam Law of Tort Level 6 English

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  1. BATTERY

  2. Intentional

  3. Direct

  4. Force

  5. Another

  6. Letang v Cooper [1965]

    Sunbather Legs

  7. Can be with an object

  8. Cole v Turner [1704]

    "Least touching of another in anger"

  9. Unlikely to be an issue!

  10. Wilson v Pringle [1987]

    "Hostile touching"

  11. ASSAULT

  12. Act

  13. Reasonable

  14. Immediate Infliction

  15. Battery

  16. Apprehension

  17. Stephens v Myers [1830]

    Blow which never lands (YES)

  18. Tuberville v Savage [1669]

    "Assize time". Gesture with words expressing no intention (NO)

  19. Menace of imminent contact

  20. Apparent ability to carry out the threat

  21. DEFENCES

  22. Consent

  23. Self Defence

  24. Defence of Property

  25. Necessity

  26. Reasonable force may be used in defence of property

  27. Possession is not necessary

  28. Reasonable force may be used in defence of one's person or another person

  29. Must be acting on a reasonable (even if mistaken) belief of an attack

  30. Reasonable force in the circumstances:

    Revill v Newberry [1996]

  31. Must be an urgent situation of imminent peril

  32. Measures taken must be reasonable. What is reasonable will depend on whether life or property at risk

  33. It is a defence that the claimant consented to defendant's act

  34. Person of sound mind can refuse medical treatment or food

  35. A Sportsperson cannot sue if the claimant was acting within the rules of the game

  36. Re T [1992]

  37. If harm is intentional but not direct - may be a Wilkinson v Downton [1897] claim

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Level 6 Law of Tort (Trespass and Related Torts) Flowchart on Assault & Battery flowcharts, created by Dave Ballam on 05/12/2017.
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Dave Ballam
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