Trespass

Question 1

What is trespass to the person?

Answer 1

Intentional torts concerning purposeful interferences with bodily autonomy and integrity

Includes assault, battery, false imprisonment, and intentional infliction of emotional distress.

Question 2

What are the three main torts under trespass to the person?

Answer 2

• Assault
• Battery
• False imprisonment

Also includes intentional infliction of emotional distress.

Question 3

How does trespass to the person differ from negligence?

Answer 3

Trespass involves intentional harm, while negligence involves unintentional harm

Trespass compensates for direct harm; negligence compensates for indirect harm.

Question 4

What is the requirement of intent in trespass to the person torts?

Answer 4

The defendant must have intended to touch the claimant or acted with subjective recklessness

Refers to the case Iqbal v Prison Officers Association.

Question 5

What are the common features of the trespass to the person torts?

Answer 5

• Must be committed intentionally
• Must cause direct and immediate harm
• Actionable without proof of further damage

All relate to unlawful interferences with bodily integrity or liberty.

Question 6

Define battery.

Answer 6

Intentional application of unlawful force to another person

No need to show actual harm or injury.

Question 7

What is the rule of transferred intent in tort law?

Answer 7

Intentionality transfers from one victim to another if the intended victim is missed

Referenced in Livingstone v Ministry of Defence.

Question 8

What constitutes assault?

Answer 8

An act causing another to apprehend immediate unlawful force

Defined in Collins v Wilcock.

Question 9

What are the elements required for actionable assault?

Answer 9

• Defendant intends to cause apprehension
• Claimant reasonably apprehends force
• No lawful justification

Based on Collins v Wilcock.

Question 10

What defines false imprisonment?

Answer 10

Unlawful imposition of constraint on another’s freedom of movement

Defined in Collins v Wilcock.

Question 11

Does false imprisonment require the use of force?

Answer 11

No, it does not require force to be shown

Referenced in Bird v Jones.

Question 12

What is the requirement of intent in false imprisonment?

Answer 12

Intentional act or subjective recklessness regarding confinement

Intent need not be to confine unlawfully.

Question 13

What are the elements for a wrongful deprivation of liberty under Art 5 ECHR?

Answer 13

• Objective confinement
• Attributable to the State
• Individual has not validly consented

Referenced in Austin v Commissioner of Police of the Metropolis.

Question 14

What is the significance of consent in trespass to the person torts?

Answer 14

Lack of consent is a key element distinguishing these torts

Consent is not a defense in criminal law for actual bodily harm.

Question 15

What is the tort of intentional infliction of emotional distress?

Answer 15

A tort where a defendant intentionally causes emotional harm through extreme conduct

Based on Wilkinson v Downton.

Question 16

What does the Protection from Harassment Act 1997 address?

Answer 16

Creates a cause of action for harassment through a course of conduct

Harassment must be oppressive and unacceptable, occurring on at least two occasions.

Question 17

Fill in the blank: A battery requires the intentional application of _______ to another person.

Answer 17

unlawful force

Question 18

True or False: Actual damage is necessary to claim for trespass to the person.

Answer 18

False

Actionable without proof of further damage beyond interference.

Question 19

What are the lawful circumstances for detention by the state?

Answer 19

• Detention after court conviction
• Arrest for legal obligations
• Detention for infectious disease prevention
• Detention for deportation or extradition

Must be proportionate to the circumstances.

Question 20

What exceptions exist for the torts of trespass to the person?

Answer 20

Lawful detention or use of force by the state does not ground a trespass

Includes lawful detention under the Mental Health Act.

Question 21

What does S2 of the Health Act 1983 allow?

Answer 21

Temporary detention of up to 28 days while doctors assess the patient

This period of detention cannot be extended.

Question 22

What is the maximum duration for detention under S3 of the Health Act 1983?

Answer 22

Up to six months, renewable if deemed appropriate by a doctor.

Question 23

Under what circumstances can children be lawfully confined in school?

Answer 23

For the lawful purposes of state education.

Question 24

What exception does S58 of the Children’s Act 2004 provide regarding assault and battery?

Answer 24

An exception for the lawful chastisement of children.

Question 25

What is the legal defense available to parents under the Children Act 2004 when smacking children?

Answer 25

Reasonable chastisement.

Question 26

What guidance is provided regarding the act of smacking a child?

Answer 26

Should be open-handed and done on a part of the body that does not leave a mark.

Question 27

Who determines whether a parent's punishment is 'moderate and reasonable'?

Answer 27

A court, on a case-by-case basis.

Question 28

What happens if physical force on a child leaves a mark or causes injury?

Answer 28

The parent may be arrested for child abuse and assault, facing criminal charges under S58 of the Children’s Act.

Question 29

What is the principle behind consent in tort law regarding battery and false imprisonment?

Answer 29

If a claimant has consented to contact or confinement, there cannot be any tort.

Question 30

What is implied consent?

Answer 30

Consent to the kind of contact expected in everyday life.

Question 31

What is required before any medical treatment is administered?

Answer 31

Consent from a competent adult.

Question 32

Under the Mental Capacity Act 2005, when is a patient considered to lack capacity?

Answer 32

If suffering from an impairment of the mind or brain that affects decision-making.

Question 33

What are the criteria for determining if a patient lacks capacity under the Mental Capacity Act?

Answer 33

Inability to: * Understand relevant information * Retain information * Use or weigh information * Communicate decision.

Question 34

What must the act be under the defence of necessity?

Answer 34

Reasonable, proportionate, and based on an honest belief of necessity.

Question 35

In what situations is the defence of necessity most often applied?

Answer 35

Where the claimant is temporarily unable to consent, particularly in medical treatment cases.

Question 36

Can necessity override a clear, informed refusal of consent?

Answer 36

No, it cannot.

Question 37

What case illustrates that necessity cannot bypass court-ordered procedures?

Answer 37

Re F (Mental Patient: Sterilization) [1990].

Question 38

What case allows necessity in medical emergencies involving two people?

Answer 38

Re A (Conjoined Twins) [2001].

Question 39

What is the requirement for self-defence in tort law?

Answer 39

The belief must be both honest and reasonable.

Question 40

In criminal law, what suffices to ground self-defence?

Answer 40

An honestly held belief that you are in danger.

Question 41

Provide an example case related to self-defence in tort law.

Answer 41

Ashley v Chief Constable of West Sussex Police [2008].

Question 42

What is the significance of Cockcroft v Smith [1705] in tort law?

Answer 42

It is a foundational case regarding self-defence.

Question 43

What is the importance of Lane v Holloway [1968] in the context of self-defence?

Answer 43

It further clarifies the parameters of self-defence in tort law.