Intentional Torts Flashcards
Define intentional torts:
Intentional acts (trespass to the person) that are actionable per se
- meaning that one can sue even if no damage was suffered
- the basis for this is bodily integrity
What are 3 examples of intentional tort?
- assault
- Battery
- False imprisonment
Name the case that shows the required fault element is intention (not negligence)
Stanley v Powell [1891]
Name the case that shows the burden of proof is on the defendant
Letang v Cooper [1956]
Define assault and state the relevant case
Assault is an intentional act that threatens violence - or produces in C a reasonable expectation of unlawful immediate force.
Collins v Wilcock [1984]
That an act can be considered an assault if there is reasonable apprehension that the threat might be carried out
case?
Stephens v Myres [1830]
It determined that the immediacy of the threat of infliction of force establishes whether there is a case of assault.
Case?
Thomas v National Union of Miners (South Wales Area) [1986]
- It established that words can be enough
- part of the current activity
- R v Irland;
- R v Burstow [1998]
What is the difference between assault and battery?
Assault does not require that the threat is followed through - if it’s then that would become a battery
Define battery and state the relevant case
A battery is the direct and intentional application of force to another person without consent.
Collins v Wilcock [1984]
- only an application of ‘force’ - harm is not required
- how an initial ‘innocent’ act might become battery
- initial hostile intent isn’t necessary but hostility later within the altercation will be considered battery
case?
Fagan v Metropolitan Police Commissioner [1969]
“the least touching in anger” - if anger is present, any form of physical contact is considered battery
Case?
Cole v Turner [1704]
Transferred intention - intending to hit A but missing and hitting B it’s still battery
Livingstone v Ministry of Defence [1984]
What are the defences for battery
> Consent
- Chatterton v Gerson [1981] medical consent - implied consent
> Self Defence
- Cockcroft v Smith - Confirmed the definition of self-defence
- reasonable and relative force even if you hit someone first if you believed they were gonna harm you
> Necessity
- Leigh v Gladstone - holding someone back with force
Define false imprisonment and state the relevant case:
‘Unlawful imposition of constraint on another’s freedom of movement from a particular place’ as stated in Wilson v Pringle [1986]
must be an intentional act - but no requirement for an intent to act unlawfully - but must be an intentional act
R v Governor of Brockhill Prison, ex parte Evans (No.2) [2001]
Partial obstruction and disturbance does not constitute false imprisonment
Case?
Bird v Jones [1845]
lack of knowledge on the part of the claimant that they were being falsely detained does not rule out a valid claim
Case?
Meering v Graham-White Aviation Co Ltd [1919]
three elements: a conduct element; a mental element and a consequence element
Case?
Rhodes v OPO (aka O v A, OPO v MLA) [2015]
The Tort of ‘intentional infliction of physical harm or distress’
Even if your intention isn’t to harm someone, if it is reasonably foreseeable that the act would inflict harm and it does then there would be a claim
Wilkinson v Downton [1897]
What requirement is there to claim under intentional tort?
That to claim under intentional tort there is a requirement for ‘intent’ to cause distress
