Intentional Torts

Question 1

Define intentional torts:

Answer 1

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

Question 2

What are 3 examples of intentional tort?

Answer 2

• assault
• Battery
• False imprisonment

Question 3

Name the case that shows the required fault element is intention (not negligence)

Answer 3

Stanley v Powell [1891]

Question 4

Name the case that shows the burden of proof is on the defendant

Answer 4

Letang v Cooper [1956]

Question 5

Define assault and state the relevant case

Answer 5

Assault is an intentional act that threatens violence - or produces in C a reasonable expectation of unlawful immediate force.

Collins v Wilcock [1984]

Question 6

That an act can be considered an assault if there is reasonable apprehension that the threat might be carried out
case?

Answer 6

Stephens v Myres [1830]

Question 7

It determined that the immediacy of the threat of infliction of force establishes whether there is a case of assault.
Case?

Answer 7

Thomas v National Union of Miners (South Wales Area) [1986]

Question 8

1. • It established that words can be enough
2. • part of the current activity

Answer 8

1. R v Irland;
2. R v Burstow [1998]

Question 9

What is the difference between assault and battery?

Answer 9

Assault does not require that the threat is followed through - if it’s then that would become a battery

Question 10

Define battery and state the relevant case

Answer 10

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

Question 11

• 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?

Answer 11

Fagan v Metropolitan Police Commissioner [1969]

Question 12

“the least touching in anger” - if anger is present, any form of physical contact is considered battery
Case?

Answer 12

Cole v Turner [1704]

Question 13

Transferred intention - intending to hit A but missing and hitting B it’s still battery

Answer 13

Livingstone v Ministry of Defence [1984]

Question 14

What are the defences for battery

Answer 14

> 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

Question 15

Define false imprisonment and state the relevant case:

Answer 15

‘Unlawful imposition of constraint on another’s freedom of movement from a particular place’ as stated in Wilson v Pringle [1986]

Question 16

must be an intentional act - but no requirement for an intent to act unlawfully - but must be an intentional act

Answer 16

R v Governor of Brockhill Prison, ex parte Evans (No.2) [2001]

Question 17

Partial obstruction and disturbance does not constitute false imprisonment
Case?

Answer 17

Bird v Jones [1845]

Question 18

lack of knowledge on the part of the claimant that they were being falsely detained does not rule out a valid claim
Case?

Answer 18

Meering v Graham-White Aviation Co Ltd [1919]

Question 19

three elements: a conduct element; a mental element and a consequence element
Case?

Answer 19

Rhodes v OPO (aka O v A, OPO v MLA) [2015]

Question 20

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

Answer 20

Wilkinson v Downton [1897]

Question 21

What requirement is there to claim under intentional tort?

Answer 21

That to claim under intentional tort there is a requirement for ‘intent’ to cause distress