Tort - T2P Cases

Question 1

Letang v Cooper

Answer 1

Carelessly run over whilst sunbathing

Intention is key for both torts of trespass

Question 2

Re F (Sterilisation case)

Answer 2

Defence of necessity

All physical contact which is generally acceptable in the ordinary conduct of every day life will fall outside the scope of battery

Treating an adult without consent is justifiable where:

1. it is an emergency where patient is unconscious
2. state of affairs renders patient incapable of consenting

Question 3

Wilson v Pringle

Answer 3

D jokingly jumped on C and accidentally hurt him

D need not intend consequences of actions to be liable, merely the actions themselves

Extra requirement of hostility

Question 4

R v Ireland

Answer 4

Silent phone calls

Words can amount to assault (a thing said is a thing done)

Question 5

Tuberville v Savage

Answer 5

“We’re it not assize-time…”

Words can preclude the threat of battery

Question 6

Wilkinson v Downtown

Answer 6

practical joke - pretended husband injured - nervous shock

C must have suffered a recognised form of illness and D must have intended action which caused C’s condition.

Question 7

Chatteron v Gherson

Answer 7

post operation scar - loss of sensation in limbs - not fully informed

For medical consent - need only be informed of broad nature of the procedure. Consent only invalid when completely different procedure performed.

Question 8

Condon v Basi

Answer 8

Football foul - broken leg

Participants in sport have consented to conduct falling outside the rules but within the spirit of the sport.

Question 9

Green v Goddard

Answer 9

Defence of property (retrieve a bull)

For defence of defence of property to apply, reasonable steps must be taken prior to physical contact e.g. asking them to leave.

Question 10

Nash v Sheen

Answer 10

Defence of consent - “getting on the tube in the week before Christmas”

Question 11

R v Brown

Answer 11

One cannot consent to ABH or GBH

Question 12

Lane v Holloway

Answer 12

Defense of self-Defense - must be reasonable and proportionate

Question 13

Co-operative Group (CWS) Ltd v Pritchard

Answer 13

Defence of contributory negligence is not available for T2P

Question 14

Percy v Hall

Answer 14

Defence of statutory authority

Question 15

Bird v Jones

Answer 15

Bridge closure e.g.

Liberty must be restricted in all directions for false imprisonment to apply

Question 16

Herd v Weardale Steel

Answer 16

It is not false imprisonment to hold a man in conditions he accepted when going down a mine

Question 17

Robinson v Balmain New Ferry

Answer 17

Ferry case

“There is no law requiring defendants to make exit from their premises gratuitous to people who come there upon a definite contract which involves their leaving the ware by another way.”

Question 18

Scott v Shepherd

Answer 18

“The infamous squib case”

Definition of direct is broad

Question 19

Fowler v Lanning

Answer 19

Accidentally shot

T2P requires intention

Question 20

Cole v Turner

Answer 20

Application of force:

Slight physical contact is enough

Question 21

R v Cotesworth

Answer 21

Application of force

Even spitting is enough

Question 22

Sayer v Harlow

Answer 22

False imprisonment

Must be an act, not an omision.

Question 23

Davidson v C.C. of North Wales

Answer 23

False imprisonment

No force is necessary, words alone can commit this tort.

Question 24

Cockcroft v Smith

Answer 24

Defences - defence of the person

D must establish that the force was:

• Used in self-defence
• Reasonable
• Proportionate