Flashcards
Trespass to the person
Flashcards do conjunto (22)
- 1Which are the torts of trespass to the person?- Battery - a direct and intentional application of unlawful physical contact ;
- Assault - intentionally causing the apprehension of an imminent battery (Collins v Wilcock);
- False imprisonment - intentional restraint on the freedom of movement of another;
- Wilkinson v Downton - D wilfully acts in a way intending to cause harm to the claimant by indirect means, and this results in physical or psychiatric injury. - 2Common characteristics- committed intentionally (Letang v Cooper - distinguishes between negligence and trespass to the person);
- take the form of direct harm by D's act;
- actionable per se, that is, without proof of damage. - 3Battery (ingredients)(1) intentional application of unlawful force, but not need to be hostile (physical contact is required);
(2) which is direct and immediate; and
(3) for which D has no lawful justification or excuse (that is, no defence). - 4Intention (battery)- Williams v Humphrey - D pushed C in the pool causing harm, the action was intentional not to cause harm;
- Bici v Ministry of Defence - 'transferred intent' D meant to hit A, but instead hit B, becoming liable for battery to B;
- Nash v Sheen - the intention does not need to be hostile or malicious - trip to the hairdresser went wrong ending up with manky coloured hair and a rash. - 5Unlawful touching (battery)Any physical contact which was not generally acceptable in the ordinary conduct of everyday life. (no need for actual injury)
Lord Goff in Collins v Wilcock affirmed in Re F - 6Direct (battery)It is interpreted very widely:
- Scott v Shepherd - D threw firework, two stallholders threw it along afraid it might harm them, C suffered injuries, D liable in battery;
- DPP v K - schoolboy put harmful chemical into a hairdryer causing injuries, was liable;
- Haystead v Chief Constable of Derbyshire - D struck C causing her to drop the baby she was holding: constituted battery in relation to the baby. - 7Defences (battery) (burden of proof on D)- Self defence (resist unlawful arrest or harm to themselves, others or property) - Cockroft v Smith - the amount of force used has to be reasonable and in proportion to the situation;
- Consent (proportionate force) - sporting activities; voluntary fighting; medical consent - Simms v Leigh (broken leg during professional rugby match);
- Necessity - s 3 Criminal Law Act 1967 - reasonable force in the prevention of crime - 8Assault (ingredients)(1) D intends that C apprehends the application of unlawful force;
(2) C reasonably apprehends the immediate and direct application of unlawful force;
(3) for which D has no lawful justification or excuse. - 9Intention (assault)D must have acted voluntarily, and have intended to cause C to apprehend the application of immediate unlawful force, or be subjectively reckless as to the possibility that their actions will cause C to apprehend the application of such force.
- 10Reasonable apprehension (assault)Objective test of apprehension, not fear of attack or if C were able to defend themselves.
- Stephens v Myers - D went to strike C, but someone stopped him. C anticipated the strike -> assault - 11Immediate and direct application of unlawful force (assault)- Thomas v National Union of Mineworkers - workers transported past picket lines on buses were being threatened by those on strike, it was obvious that the threats could not be carried out -> NO assault
- R v Ireland - words may amount to assault in rare circumstances if they cause C to apprehend immediate personal violence; no gesture is needed. - 12Defence (assault) (burden of proof on D)Consent - role play
- 13False imprisonment (ingredients)(1) Intention to;
(2) directly and completely restrain the freedom of movement;
(3) which is not expressly or impliedly authorised by law. - 14Intention (false imprisonment)- Iqbal v Dean Manson Solicitors - a security guard in an office locked the door to C's room believing he has gone home. The locking was intentional, but not the imprisonment.
- 15Direct (false imprisonment)If A asks B to lock C, then B is liable, unless B did not have a choice, like having a gun pointed at their head.
Davidson v Chief Constable of North Wales - A store detective wrongly accused C of stealing. C brought a claim against him, but it was the police who imprisoned him on the information provided by D. Break in causation. - 16Complete restrain (false imprisonment)- The constraint must be total without reasonable means of escape - Bird v Jones (blocked off path on bridge is not, as C can turn back);
- Reasonable restriction is not false imprisonment - Robinson v Balmain Ferry Co Ltd (he could have passed had he paid the agreed 1p);
- Knowledge of the restrain is not necessary - Meering v Grahame-White Aviation - no knowledge of the two police officers outside of the detention room, who would have prevented him from leaving. - 17Without legal authorization (false imprisonment)R v Governor of Brockhill Prison, ex parte Evans - The lawful imprisonment only lasts as long as the sentence lasts. Wrong calculation by the prison added 59 days.
- 18Defences (false imprisonment) (burden of proof on D)- Consent - Herd v. Weardale Steel, Coal and Coke Co - contractual agreement to work his mining shift to the end;
- Statutes (lawful authority) - Prison Act, Mental Health Act, Police and Criminal Evidence Act;
- Necessity - art. 5 ECHR - reasonable measures for crowd control in 'extreme and exceptional circumstances' - Austin v Metropolitan Police Commissioner - 19The tort in Wilkinson v DowntonP suffered nervous shock after D told her falsely that her husband was involved in a serious accident.
- intentional;
- words or conduct (spooking someone) will suffice;
- requires harm physical or recognised psychiatric illness;
- indirect;
- was reasonably likely to cause terror in a normal person, unless D was aware of the frailness of their victim. - 20Limitation period- Adults: Section 2 Limitation Act 1980
The action must be brought within 6 years of the tort being committed
- Children: 6 years form turning 18 - 21Remedies- Nominal damages - no injury = little money;
- Punitive damages - abuse of power or injury big amount to make an example;
- Declaration - no monetary value, just satisfaction from the recognition that the intervention was unlawful. - 22The Protection from Harassment Act 1997A new form of action is available under the act in respect of:
- a course of conduct (on at least two occasions);
- pursued against C;
- which alarmed C or caused distress.
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- Theory and general principles of the intentional torts
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- pavlina.hunt
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