Element 5: Unlawful

Question 1

When is it lawful?i

Answer 1

If there is express or implied consent to the force.

Question 2

Collins v Wilcock per lord Goff:

Answer 2

“Generally speaking, consent is a defence to battery; and most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact.”

Question 3

Wilson v Pringle

Answer 3

“In battery there must be an intentional touching or contact in one form of another of the plaintiff by the defendant. That touching must be proved to be a hostile touching.”

It is important to note however that hostility does not equate with motive - motive is irrelevant.

Question 4

F v West Berkshire Area HA per Lord Goff:

Answer 4

“An exception has been created to allow for the exigencies of everyday life: jostling in a street or some other crowded place… this exception has been said to be founded on implied consent…. it is difficult to impute consent to those who, by reason of their youth or mental disorder, are unable to give their consent… I consider it more appropriate to regard such cases as falling within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of everyday life.”