Intentional interference with the person. Flashcards
What does the torts of battery and assault made to protect? Which case illustrates this?
Bodily integrity as illustrated by (Collins v Wilcock).
What are the elements of battery? Which cases illustrate each one?
1) Intention (Letang v Cooper).
2) Application of direct and immediate force (Scott v Shepard).
3) Application must be unlawful (n/a).
Does transfer of intent count for the purposes of the element of intention for battery? Which case illustrates this?
It does count (James v Campbell).
For the purposes of the element of intention for battery, does recklessness count? Which case and judge illustrate this?
It counts via Elias J in (Bici v Ministry of Defence).
What is coincidence of intention? Does it count? What case illustrates this?
Coincidence of intention happens when the action comes prior to the intention, and yes it counts as long as the action persists (Fagan v Metropolitan Police Commissioner).
What are the elements of assault? Provide cases where possible.
1) Intention that the claimant apprehends the application of unlawful force; 2) Claimant’s reasonable apprehension of the application of unlawful force; and 3) The threat must be of immediate (Tuberville v Savage - assize time), and direct force (the means to carry it out) (Stephens v Myres).
Can words constitute assault? Which case show this?
Yes (R v Ireland).
Can silence constitute assault? Which case illustrates this?
Yes (R v Ireland).
What are the elements of false imprisonment? Which case illustrates this?
1) Defendant must intent to restrict the movement of the claimant; 2) imprisonment/complete restriction of claimant; 3) imprisonment must be unlawful; all three demonstrated by (Ex Parte Evans).
Is there a need for the defendant yo have had bad faith in false imprisonment? Which case illustrates this?
No (Ex Parte Evans).
Could the intention of false imprisonment be consequential? What does this mean? Which case illustrates this?
Yes it could be consequential which means that the person imprisoned does not need to be the target of the intention, it is enough that they know he would be imprisoned (Prison Officers Association v Iqbal).
What’s the definition of imprisonment? Which case illustrates this?
Total restriction of movement (Bird v Jones).
Is false imprisonment actionable per se?
Yes.
What remedies are available if the person imprisoned suffered no damage?
Nominal damages.
Can harsh imprisonment conditions make a lawful imprisonment unlawful? Which case illustrates this?
No (Hague v Deputy Governor of Parhurst Prison).
