Tort: Trespasses to the person Flashcards
What case outlines the 3 possible Trespass to the person torts
Collins v Wilcock 1984
Is there liability if the defendant intends to carry out the threat but is stopped by external circumstances?
Yes.
Stephen v Myers 1830
Is there liability if the defendant cannot carry out the threat?
No.
Thomas v National Union of Miners 1986
Is there a need to show actual loss for Battery?
No.
Home office v Wainwright & Another 2001
What must force exceed to be considered Battery?
Force that is “generaly acceptable in the ordinary conduct of daily life”
Collins v Wilcock 1984
Does there have to be anger or hostility for battery?
No.
Wilson v Pringle 1987
UPHELD:
RE F (Mental Patient: Steralization) 1990
Case law for transferring intention
Livingstone v Ministry of Defence 1984
Can an involuntary action be considered battery?
No.
Fagan v Metropolitan Police Commisioner 1969
Do Omissions count as battery?
Usually no, unless there is a previous duty to act
DPP V Santana-Bermudez 2004
Does there need to be a complete restriction of the claimants movement for false imprisonment?
Yes.
Bird v Jones 1845
Does it matter how long the restriction is for?
No.
Walker v The Commisioner of the Police of the Metropolis 2014
Couple of seconds counted as false imprisonment
Is there a need to prove further loss for false imprisonment?
No.
Iqbal v Prison Officers Assosciation 2009.
Case Example for the defence of Neccesity
Re A (Conjoined Twins) 2001
What are the requirements for self-defence under Tort law
Lane v Holloway 1969:
Has to be honest and proportionate to the initial tort
What requirement was added to self-defence in tort?
Ashley v Chief Constable of West Sussex 2008:
Has to be honest, proportionate AND reasonable
