Intentional torts Flashcards
what is the intention element within intentional torts?
Intention to do the act not to cause the harm
Battery
intentional and direct application of force to another without consent
Defense to battery
consent
presumed to consent to everyday touching
does transferred intent apply to battery
yes
assault
cause C to reasonably apprehend direct and immediate application of force
false imprisonment
complete restraint of bodily movement not authorised by law.
defenses to false imprisonment
necessity
authorised by law
reasonable means of escape
reasonable and lawful condition e.g. toll
can false imprisonment occur without C knowing
yes
Wilkinson v Downton
Willfully commit an act calculated to cause damage to C by indirect means
recognised mental illness
not recklessness. Only intent
Trespass to land
Intentional and direct unlawful interference with land.
Is proof of harm needed for trespass of land
No, actionable per se
defenses to trespass to land
consent and necessity
is mistake as to legal rights a defense to trespass to land
no
what intention is needed for trespass to land
intention to make contact with the land
what is land - trespass to land
surface, anything permanently attached to it, subsoil and airspace.
remedies for trespass to land
damages, injunction, declaration
protection from harassment act
course of conduct
pursued against C
caused alarm or distress
trespass to the person
assault, battery, false imprisonment
defences to trespass to the person
consent, lawful authority, self defence, necessity (contributory negligence but not for assault or battery)
what is private nuisance
continuous unlawful interference with rights, use and enjoyment of land
do you need a property interest to claim in private nuisance
yes - you need a possessory or proprietary interest
potential Ds for private nuisance
occupier of land even if they didn’t create nuisance, enough that they didn’t remedy it
creators of nuisance even if no longer occupying land
landlord by not evicting them
Can malice impact whether an act is nuisance
yes it may cause an otherwise lawful act to be a nuisance.
Can D be liable if nuisance is caused by the effect of nature on his land
yes if he fails to correct it
is nature of locality relevant to a claim in private nuisance
only if claim is for loss of amenity (smell, noise etc.) not if it a claim for material damage to property
can you claim for pure economic loss in private nuisance
no
is planning permission relevant to a claim in private nuisance
it is a consideration but not a defense
defenses to private nuisance
prescription (20 years)
statutory authority
Is C coming to the nuisance a defense?
no
remedies for private nuisance
injunction, damages, self-help
when can damages be awarded in lieu of an injunction
shelfer:
- when injury to C’s legal rights is small
- capable of being estimated in money
- can be compensated by a small payment
- injunction would be opressive
what is public nuisance
affect reasonable comfort and convenience of life of class of people
who brings an action in public nuisance
public authority or individual with special damage
what is special damage
direct an substantial
do you need an interest in land for public nuisance claim
no
can you recover damage for personal injury in public nuisance
yes
what can you recover damages for in a claim for public nuisance
property damage, obstruction of highway, personal injury, economic loss
can you claim for personal injury in a private nuisance claim
no
can a nuisance claim be based on a one off event
public nuisance can be but private nuisance is more likely to need a state of affairs
rylands v fletcher requirements
in the course of non-natural use of land
brings or keeps on land
something likely to do damage if it escapes
it does escape
it causes damage of the foreseeable kind
what kind of damage can be recovered for in rylands v fletcher
damage to property and land but not personal injury
is there an action in rylands v fletcher if the damage stays within Ds property
no
defenses to rylands v fletcher
act of God statutory authority consent of C common benefit act of stranger who D had no control over
is spread of fire actionable in rylands v fletcher
no
