Topic 1: Intentional Torts

Question 1

What is Tort?

Answer 1

The name given to the branch of law that imposes civil liability for breach of obligations imposed by law. The most common tort is the tort of negligence which imposes an obligation not to breach the duty of care (that is, the duty to behave as a reasonable person would behave in the circumstances) which the law says is owed to those who may foreseeably be injured by any particular conduct

Question 2

what is tort 2nd definition

Answer 2

“Tortious liability arises from the breach of a
duty primarily fixed by law; such duty is
towards persons generally and its breach is
redressable by an action for unliquidated
damages”
Winfield, Province of the Law of Tort (1931)
p.92

Question 3

what type of torts are there?

Answer 3

1. Negligence tort-
2. Assualt and battery tort-
3. Nuisance tort-
4. False Imprisonment-

Question 4

Comparing other torts to legal concepts

Answer 4

Tort and Crime
* R v Smith - punishment (crime of careless driving)
* Patel v Smith – compensation (tort of negligence)

Tort and Contract
* Pele v Jones – injunction/compensation (tort of
nuisance)
* Drogba v Jones – eviction? (breach of tenancy (a
type of contract))

Question 5

What are the objectives of Tort?

Answer 5

Appeasement

Justice

Deterrence

Compensation

Question 6

Some public policy issues in Tort

Answer 6

Floodgates of litigation

Compensation culture?

Compensation Act 2006, s.1

Question 7

The mental element in Tort

Answer 7

• Intention
• Negligence
• Strict Liability

Question 8

Trespass

Question 9

Trespass Cases

Answer 9

Right to possession: Kelsen v Imperial Topbacco Ltd [1957]
2 All ER 343

Intention may be implied: League Against Cruel Sports Ltd v Scott and others [1985] 2 All ER 489

D need not know they are trespassing: Conway v George
Wimpey & Co Ltd [1951] 1 All ER 363

Question 10

Defences to trespass to land and remedies for trespass to land

Answer 10

Defences

• statutory authority
• Necessity

CASES
* Southwark London Borough Council v
Williams [1971] 2 All ER 175
* Monsanto v Tilly [1999] Lexis Citation 3727

Remedies: injunction or damages?
Kelsen v Imperial Tobacco Co Ltd

Question 11

ASSAULT

Answer 11

Definition
An intentional act which threatens violence
or produces in C a reasonable expectation
of immediate unlawful force

CASE LAWS

Stephens v Myers (1830) 4 C & P 349

Tuberville v Savage (1669) 1 Mod 3
Thomas v National Union of Miners (South
Wales Area) [1986] Ch 20
R v Ireland; Rv Burstow (1998) AC 147

Question 12

Mental state required for battery

Answer 12

Cole v Turner (1704) 6 Mod 149: “the least
touching in anger”

Collins v Wilcock [1984] 3 All ER 374
Wilson v Pringle (1987) QB 237

Re F; F v West Berkshire Health Authority
(1990) 2AC 1

Question 13

CASE LAWS for assault

Answer 13

Stephens v Myers (1830) 4 C & P 349
Tuberville v Savage (1669) 1 Mod 3
Thomas v National Union of Miners (South
Wales Area) [1986] Ch 20
R v Ireland; Rv Burstow (1998) AC 147

Act or omission? Fagan v Metropolitan
Police Commissioner [1969] 1 QB 439

Question 14

Defences to Assault and Battery

Answer 14

Consent
 Medical treatment: Chatterton v Gerson (1981) 1 QB
432
 Sport: R v Billingshurst (1978) Crim LR 553
 Sado-masochism: R v Brown (1993) 2 WLR 556

Question 15

Self Defence - Defences

Answer 15

Cockcroft v Smith (1705) 2 Salk 642
Ashley v Chief Constable of Sussex Police [2008]
UKHL 25

Question 16

Necessity- Defences

Answer 16

Leigh v Gladstone (1909) 26 TLR 130

Question 17

False Imprisonment

Answer 17

R v Governor of Brockhill Prison, ex parte Evans (No.2)
[2001] 2 AC 19

Bird v Jones (1845) 7 QB 742
Meering v Graham-White Aviation Co Ltd (1919) A.C.
295

Robinson v Balmain New Ferry Company Ltd (1910)
A.C. 295
Herd v Weardale Steel, Coal and Coke Co Ltd (1915)
A.C. 67

Question 18

The rule in Wilkinson v Downton

Answer 18

Wilkinson v Downton [1897] 2 QB 57

MAIN FACTS

Queen’s Bench Division [1897] 2 QB 57
The claimant’s husband had gone for a day at the races. The defendant came to her house and, as a practical joke, falsely told her that her husband had had an accident. The claimant later suffered severe physical and psychological reactions. Held: the defendant was liable for the injuries caused

Question 19

Rule in Wilkinson v Downton continued

Answer 19

Janvier v Sweeney [1919] 2 KB 316

.
Wainwright v Home Office [2003] 4 All ER
969.

O v A [2015] UKSC 32: three elements: A
conduct element; a mental element and a
consequence element