C1 Battery

Question 1

Defintion

Answer 1

D intentionally or recklessly and unlawfully makes direct contact with C

Question 2

Intentional or reckless contact

Answer 2

• May be intentional when outcome was virtually certain to be consequence of acting as D appreciated (R v Woollin (1999))
• A person is reckless when they foresaw risk but took it anyway when to do so was unreasonable in circumstances known to them (R v G (2004))
• Contact must be intentional or reckless not necessarily the consequences (Williams v Humphrey (1975)) Pushed into swimming pool as a prank (battery), serious injury not intended

Question 3

Transferred malice notion

Answer 3

• Recognized in tort law (Bici v Ministry of Defense)

- A intends to strike B but instead strikes C, still liable for battery

Question 4

Letang v Cooper (1965)

Answer 4

• C was sunbathing on grass car park, was run over by D
• Intentional contact = cause of action is trespass
• Unintentional contact = cause of action is negligence
• Trespass and negligence are mutually exclusive causes of action
• Doesn’t prevent C from suing upon them both in the alternative e.g. court doesn’t believe it was intentional can still sue for negligence

Question 5

Negligence + trespass to the person protect against bodily interference

Answer 5

• Trespass is actionable per se so cause of action complete (Asks if contact was intentional or reckless and direct)
• Negligence asks if contact was negligent – doesn’t matter if it’s direct or indirect
• Unintentional or indirect is only negligence

Question 6

Direct contact

Answer 6

• Battery = direct contact

Scott v Shephard (1773)

• D threw explosive in market, was throw around until it exploded in C’s face
• Chain of causation not broken as they acted foreseeably and instinctively

Question 7

Unlawful contact

Answer 7

• No minimum level of violence which the law condones
• Wilson v Pringle (1987) Contact must be hostile – not true
• Re F (1990) Contact is lawful when it is an acceptable part of everyday life

Question 8

Consent

Answer 8

• There is a defense to battery if it is not possible to obtain consent when it is necessary to act in the best interests of a person e.g. saving someone from car by pushing them out of the way
• Consent to medical treatment
• Courts will recognize true consent when patient was informed about nature of procedure (Chatterton v Gerson (1981))
• If consent is denied even if it might harm unborn child (St George’s Healthcare NHS Trust v S (1999)) or the patient himself (Re B (2002)) cannot proceed
• Person lacking mental capacity to consent