Trepass To Person Flashcards
What 3 Torts are included in Trespass to the person?
Assault
Battery
False Imprisonment
What are common issues of Trespass to the Person?
They require intentional conduct (not accidental)
They are actionable per Se - so no actual physical harm needs occur
What is the definition of Battery?
The intentional direct application of unlawful force to another person
What is the definition of Assault?
An intentional act by the defendant that causes another person to reasonably apprehend the immediate infliction of battery upon them.
What exception to Battery was stated by Lord Goff in 1989?
A general exception embracing all physical contact which is generally acceptable in the ordinary conduct of everyday life.
What is the principle of intentional conduct established in Wilson v Pringle (1986)?
It is enough that the defendants actions themselves are intentional; a defendant need not intend the consequences of their actions.
What principle was established in R v Ireland?
Words alone can constitute assault in the right context
What are the valid defenses of Trespass on Person?
- Consent (e.g Sport)
- Lawful Arrest
- Defence of the person
- Defence of property
- Necessity
- Contributory Negligence
What is the necessary condition for a successful defence under “Defence of the Person”?
(Cockcroft v Smith 1705)
For self-defence to succeed the force used must be reasonable and proportionate and not used in retaliation.
What is the necessary condition for a successful defence under “Defence of Property”?
A defendant may take reasonable steps (Green v Goddard 1702) to defend their property
