Intentional Delicts Affecting Persons Flashcards
Seduction
By fraud/deceit
By dominating influence
Murray v Fraser
Securing a connexion by use of dominating influence
NB: facts inferred from evidence
Reid v Mcfarlane
Injuries to liberty
ECHR freedoms of Liberty
Austin v UK
Harassment
Commercial entity liability
Ferguson v British Gas Trading Ltd.
Vicarious liability of harassment by employers
Employee bullying
Robertson v Scottish Ministers
Injuries to liberty
Justification: clearing of building, detainment, removal of bra
Henderson v Chief Constable of Fife Police
Unjustified injury to liberty
Mackenzie v Cluny Hill Hydropathic Co.
Assault; defences
Reasonable chastisement of children
No evidence to justify beyond reasonable doubt of evil intent necessary for assault
Guest v Annan
Assault; defences
Reasonable chastisement of children
Acquittal due to ‘reasonableness’
A v United Kingdom
Assault; defences
self defence: ‘reasonable response’
NB: acquittal on no case to answer (insufficient evidence to prove against self defence)
Ashley v Chief Constable of Sussex Police
Assault; defences
Self defence: reasonable response
Marco v Merrens
Assault
Consent; surgery (must be actions within those of the reasonable man, with no evidence of harm as a result of action)
Creutzfeldt Jakob Disease Litigation
Assault; defences
Authorisation: search of prisoner held within realms of that allowed under statute
Tolmie v Scottish Ministers
Assault
Consent: surgery
Complications in childbirth not discussed with patient
Montgomery v Lanarkshire Health Board
Entrapment
Cannot entrap someone into marriage/relationship under false pretences
Burke v Burke
