Defences for Trespass to the Person Flashcards
1
Q
What are the 3 types of defences?
A
Self defence, Defence for other, Defensive Property
2
Q
When can you use self defence?
A
- Unlawful use of force against them
- Under reasonable apprehension that force is about to be used unlawfully against them
3
Q
How will self-defence be successful?
A
- Court will look whether they tried to ‘avoid using force’
- Acted ‘proportionally’ to the offence committed
4
Q
What if defendant believes they need to resort to force but are wrong BASED ON FACTS?
A
- Genuinely believe the mistaken set of facts
- Mistaken belief must have been reasonable
5
Q
Does the ‘Defence of Other’ relate to anyone in particular?
A
No
6
Q
What is the feature of Defensive property?
A
- Lesser degrees of force used rather than a person
- Plaintiff MUST ask the defendant to leave before using force
7
Q
What is Defence of Necessity?
A
- Trespass was reasonably necessary to protect that person, goods or land from imminent danger
8
Q
What elements must be satisifed for necessity?
A
- Danger to personal property
- Action taken by person in response to imminent danger must be reasonably necessary
- Action must be reasonable
- Defence of necessity only available to defendent were imminent Pearl is not of their on making
9
Q
How does necessity relate to Medical Treatment?
A
- If ‘impractiable to communicate’ such as patient is unconscious, then medical decision MUST be made
- Doctor MUST act in best interest of patient
10
Q
Defences of trespass to land?
A
- Consent can be expressed or implied
- ‘Critical period’ for defendant, where the revocation of consent will NOT be effective