Battery Flashcards
What is battery?
The intentional and direct application of immediate force by one individual against another.
Is there a lower threshold to satisfy battery?
No lower threshold exists to satisfy battery.
F v West Berkshire HA
What did Lord Goff state regarding battery in F v West Berkshire HA?
Any touching of another’s body is capable of amounting to a battery in the absence of lawful excuse.
Is damage necessary for battery?
No damage is necessary for battery; compensation is awarded to vindicate the right of bodily integrity.
Provide examples of actions that constitute battery.
Murder: Halford v Brooks and Brooks Omagh bombing: Breslin & Others v McKevitt & Others
Rape: TPKN v Ministry of Defence * Touching: Wainwright v Home Office
What is the ruling in Wong v Parkside NHS Trust regarding indirect force?
Deliberately digging a hole in which the claimant falls in will not be a direct application of force and therefore not a battery.
What is the Doctrine of transferred intent?
It means that if you were sufficiently deliberate towards the person you aimed at, you cannot rely on the ineffectiveness of your attempt to avoid liability.
What occurred in Fagan v Commissioner of the Metropolitan Police?
The defendant initially had no intent but gained intent by continuing to stay on the officer’s foot.
What is the relationship between recklessness and intent in battery cases?
Recklessness is sufficient enough for intent in battery cases
Breslin v McKevitt
What does the case Letang v Cooper illustrate about negligence and intent?
If the defendant does not inflict injury intentionally, the claimant has no cause of action under trespass.
Adopted approach from Kruber v Grzesiak
What is the outer limit of what courts will accept as direct application of force?
In DPP v K, hiding acid in a hand dryer was deemed to satisfy direct harm.
Classic Position on the character of force
“The least touching of another in anger is battery” - Holt CJ
What is the ‘hostile intent’ requirement in battery cases?
There needs to be hostile intent for an act to be considered battery.
What did the court rule in Wilson v Pringle regarding intent?
The court stated that both the intent to cause injury and the intent to touch were insufficient; hostile intent is necessary.
What does the case In re F (Mental Patient: Sterilisation) illustrate about acceptable conduct?
Physical conduct generally acceptable in daily life may not be characterised as hostile.
What was Lord Goff’s opinion on the character of force
All physical conduct that is generally acceptable within the context of daily life is excluded
Re F (Mental Patient: Serialisation)
