Torts

Question 1

Battery

Answer 1

Intentional direct application of unlawful force to the claimant’s person by the defendant

Question 2

Defence of Illegality

Answer 2

The law of Tort does not permit a claimant to base a claim on his own illegal act.

The defence of illegality is a complete defence, so the claimant cannot recover damages for harm suffered whilst he is taking part in the criminal activity.

Question 3

Defence of Voluntary Assumption of Risk

Answer 3

The defence (complete defence) is available when victim:
1. Has full knowledge of the risk
2. freely and voluntarily assumes the risk.

NOT available:
- passengers in road traffic accidents

NOT USUALLY
- employee/employer context because the employee often does not have a free choice.