Intentional Interferences With the Person

Question 1

Definition of assault

Answer 1

An act which causes another person to apprehend the infliction of immediate, unlawful force on his person.

Question 2

What’s the first requirement needed to prove assault?

Answer 2

a) The defendant intends that the claimant will apprehend the immediate & direct application of unlawful force.

Question 3

Identify case law for the first requirement of assault

Answer 3

Collins v Wilcock [1984] + R v St George [1840] + R v Ireland [1998]

Question 4

What’s the second requirement needed to prove assault?

Answer 4

b) The claimant reasonably apprehends the immediate & direct application of unlawful force.

Question 5

Identify case law for the second requirement of assault

Answer 5

Stephen v Myers [1830] + Thomas v National Union of Miners [1986] + Tuberville v Savage [1669]

Question 6

What’s the third requirement needed to prove assault?

Answer 6

c) For which the defendant has no lawful justification or excuse.

Question 7

Identify case law for the third requirement of assault

Answer 7

Any of the above cases are sufficient

Question 8

Definition of battery

Answer 8

‘The actual infliction of unlawful force on another person’

Question 9

What’s the first requirement needed to prove battery?

Answer 9

a) Intentional application of unlawful force (more than ordinary).

Question 10

Identify case law for the first requirement of battery

Answer 10

Gibbons v Pepper [1695] + Livingstone v Ministry of Defence [1984] + Williams v Humphrey [1975]

Question 11

What’s the second requirement needed to prove battery?

Answer 11

b) Must be intentional, immediate & direct.

Question 12

Identify case law for the second requirement of battery

Answer 12

DPP v K (A Minor) [1990]

Question 13

What’s the third requirement needed to prove battery?

Answer 13

c) Without lawful justification or excuse.

Question 14

Identify case law for the third requirement of battery?

Answer 14

Any of the above cases

Question 15

Define false imprisonment

Answer 15

‘The unlawful imposition of constraint on another’s freedom of movement from a particular place’

Question 16

What’s the first requirement needed to prove false imprisonment?

Answer 16

The defendant must intend to completely restrict the claimant’s freedom;

Question 17

Identify case law for the first requirement of false imprisonment

Answer 17

Bird v Jones [1845] + Hicks v Young [2015]

Question 18

What’s the second requirement needed to prove false imprisonment?

Answer 18

Without lawful justification or excuse

Question 19

Identify case law for the second requirement of false imprisonment

Answer 19

Any of the cases above

Question 20

What case can be used for all three torts?

Answer 20

Colins v Wilcock [1984]

Question 21

Which makes someone liable for harassment under the Protection of Harassment 1997?

Answer 21

A course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other.

Question 22

What can constitute harassment?

Answer 22

S7 (4) speech
s7 (3) (a) needs to be on more than one in occasion
s7 (2) harassing can be alarming the person or causing them distress.

Question 23

Case law for harassment

Answer 23

Makowski [2007] + James v DPP [2009] + Law Society v Karnowski [2011] + Sube v News Group Newspapers Ltd [2020]