Cases - Trespass Against the Person + Vicarious Liability

Question 1

Trespass

Answer 1

Collins v Wilcock

3 torts - assault, battery and false imprisonment

Question 2

Trespass - direct and immediate harm (key facts)

Answer 2

Scott v Shepherd:
it was the direct and unlawful act of the D who originally and intended to throw the squib. The other people were not ‘free agents’ because they had to throw the squib for their safety.

Used in assault and battery

Question 3

Trespass - intent (all of trespass)

Answer 3

Iqbal v Prison Officers Association - ‘there must be an intentional act, an act of negligence will not suffice’

Subjective recklessness will suffice ‘didn’t intend but actions meant outcome was likely’

used in all 3

Question 4

Trespass - battery (quote and case)

Answer 4

‘the actual infliction of unlawful force on another person’ – Collins v Wilcock

Question 5

Trespass - B + A - transferred intent

Answer 5

Livingstone v Ministry of Defence

Question 6

Trespass - B + A - act is intentional, not harm caused

Answer 6

Williams v Humphrey

Question 7

Trespass - involuntary act becoming intent

Answer 7

Fagan v Metropolitan Policy Commissioner

Question 8

Trespass - battery unlawful force (+quote)

Answer 8

Collins v Wilcock – contact will amount to battery where it doesn’t fall within the category of contact which is ‘generally acceptable in ordinary conduct of daily life’

• better than later Pringle (hostility)

Question 9

Trespass - definition of assault

Answer 9

‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’

Question 10

Trespass - assault - conditional threats don’t suffice

Answer 10

Tubervell v Savage

Question 11

Trespass - assault - claim will fail if C knows D cant carry out the threat

Answer 11

Mbasogo v Logo Ltd

Question 12

Trespass - silence can amount to assault

Answer 12

R v Ireland

Question 13

Trespass - false imprisonment - definition

Answer 13

‘the unlawful imposition of constraint on another’s freedom of movement from a particular place’ (Collins v Wilcock)

Question 14

Trespass - false imprisonment - length doesn’t matter

Answer 14

Walker v Commissioner of the Police of the Metropolis

Question 15

Trespass - false imprisonment - must be a complete restriction

Answer 15

Bird v Jones

Question 16

Defences

Answer 16

Consent
Necessity
Self-defence

Question 17

Consent/Necessity

Answer 17

Mental Health Act

Re MB - impairment of mental functioning due to fear of needles

Question 18

Test for self-defence

Answer 18

• D’s belief must be honest and reasonable (Ashley v Chief Constable of West Sussex Police) and their actions but be proportionate to the force exerted against them

Question 19

Example of when an act isn’t proportionate

Answer 19

Cockroft v Smith – C ran his fingers towards D-’s eyes, D biting off the end of the finger was not proportionate

Question 20

Facts and Quote from Wilkinson v Downton

Answer 20

Facts: C suffered severe psychological and physical reactions after D falsely told C that her husband had been involved in an accident and was seriously injured. D claimed it was a practical joke. Liable.
“The defendant has … wilfully done an act calculated to cause physical harm to the plaintiff…and has caused physical harm to her.”

Question 21

Which case confirmed Wilkinson

Answer 21

Rhodes v OPO

Question 22

Elements to Wilkinson v Downton

Answer 22

1) Conduct element: words or conduct directed towards the claimant for which there is no reasonable excuse
2) A mental element (level of intent): D must at a minimum intend to cause “severe distress which in fact results in recognisable illness”
3) A consequence element = physical harm or recognised psychiatric illness required

Question 23

PHA - further apart incidents are, more likely claim will fail

Answer 23

James v DPP

Question 24

PHA - conduct must be…

Answer 24

‘Conduct must be “[…] oppressive and unacceptable [and] cross the boundary from the regrettable to the unacceptable”, Majrowski v Guy’s and St Thomas’ NHS Trust

Question 25

Elements needed for vicarious liability

Answer 25

1) contractual relationship between D and employer

2) tort committed happened during course of employment

Question 26

Test for if tort happened during course of employment…

Answer 26

Close connection test - Lister v Hesley Hall [2001] - “[W]rongful conduct must be so closely connected with acts [… that] the wrongful act may fairly and properly be regarded as done by the partner while acting in the ordinary course of the firm’s business”,

Question 27

Examples of close connection…

Answer 27

• Milkman engaged 13-year-old boy against instructions of his employer for milk delivery, accident with boy occurred in course of employment, Rose v Plenty
• Warden of boarding school sexually abuses children, occurred in the ordinary course of business, Lister v Hesley Hall
• Relationship between members of a religious groups and institute facilitated commission of sexual abuse, Various Claimants v Catholic Child Welfare Society