Intentional Interferences With the Person Flashcards
Definition of assault
An act which causes another person to apprehend the infliction of immediate, unlawful force on his person.
What’s the first requirement needed to prove assault?
a) The defendant intends that the claimant will apprehend the immediate & direct application of unlawful force.
Identify case law for the first requirement of assault
Collins v Wilcock [1984] + R v St George [1840] + R v Ireland [1998]
What’s the second requirement needed to prove assault?
b) The claimant reasonably apprehends the immediate & direct application of unlawful force.
Identify case law for the second requirement of assault
Stephen v Myers [1830] + Thomas v National Union of Miners [1986] + Tuberville v Savage [1669]
What’s the third requirement needed to prove assault?
c) For which the defendant has no lawful justification or excuse.
Identify case law for the third requirement of assault
Any of the above cases are sufficient
Definition of battery
‘The actual infliction of unlawful force on another person’
What’s the first requirement needed to prove battery?
a) Intentional application of unlawful force (more than ordinary).
Identify case law for the first requirement of battery
Gibbons v Pepper [1695] + Livingstone v Ministry of Defence [1984] + Williams v Humphrey [1975]
What’s the second requirement needed to prove battery?
b) Must be intentional, immediate & direct.
Identify case law for the second requirement of battery
DPP v K (A Minor) [1990]
What’s the third requirement needed to prove battery?
c) Without lawful justification or excuse.
Identify case law for the third requirement of battery?
Any of the above cases
Define false imprisonment
‘The unlawful imposition of constraint on another’s freedom of movement from a particular place’
What’s the first requirement needed to prove false imprisonment?
The defendant must intend to completely restrict the claimant’s freedom;
Identify case law for the first requirement of false imprisonment
Bird v Jones [1845] + Hicks v Young [2015]
What’s the second requirement needed to prove false imprisonment?
Without lawful justification or excuse
Identify case law for the second requirement of false imprisonment
Any of the cases above
What case can be used for all three torts?
Colins v Wilcock [1984]
Which makes someone liable for harassment under the Protection of Harassment 1997?
A course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other.
What can constitute harassment?
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.
Case law for harassment
Makowski [2007] + James v DPP [2009] + Law Society v Karnowski [2011] + Sube v News Group Newspapers Ltd [2020]
