Trespass Against the Person Flashcards
Elements of the Offences
why do we have the trespass against the person torts?
in general they try to protect C’s integrity
What are the TATPs?
Assault, Battery and False Imprisonment
What did the Irish Law Reform Commission say about B,A,FI and the Tort of Wilkinson v Downton?
they are “the modern elements of the generic writ of trespass to the person .”
Why is it confusing to talk about TATPs as ‘Intentional Torts’?
because, although these can be proved by intentional conduct, the intention varies greatly - for example negligence can prove a battery.
TATP don’t require actual damage - so they are?
actionable per se [the act itself is enough to prove damage - you don’t need to further prove loss or injury]
Is it necessary to prove, in trespass actions, that the harm suffered was reasonably foreseeable?
No - the damage may be remote and unforeseeable (in negligence terms) but still be compensable in a trespass action
If damage to C is caused by the interference by D then it will not matter if that type of harm was highly unusual to the point of being unforeseeable
What was the case where it was said that you don’t need direct contact (the IRA bomb case)?
Breslin v McKevitt [liable for battery for harm done by a bomb]
Why did they say, in Salmon, that the TATP plays an ‘in-between position’?
because there is no need for malice in any of the trespass against the person actions - rather it sits in a middle ground between negligence and misfeasance
Why is the burden of proof lower in tort than it is in criminal proceedings?
it would be inappropriate to apply the beyond reasonable doubt requirement to tort cases as as the end of the day it is litigation between two private parties rather than an interference by the state (Breslin).
what is the quote from Collins v Wilcock which highlights the difference between assault and battery?
’An assault is an act which causes [C] to apprehend the infliction of immediate, unlawful, force on his person; a battery is the actual infliction of unlawful force on another person.’
Can battery and assault happen separately?
yes, an assault without a battery would be a verbal threat and a battery without an assault could be a person getting hit from behind (whereby he didn’t ever apprehend any violence).
what are the elements of battery?
Direct application of force by D against C where D possessed the requisite intent
what are the elements of assault?
An overt, deliberate, and hostile act by D, indicating an intention to inflict force on C - where D had capacity to carry the intention into immediate effect and C apprehended the immediate infliction of force
what are the defences to assault and battery?
- consent
- provocation
- prevention of crime, disorder, or ill-discipline
- self-defence
- contributory fault
- necessity (and the analogous statutory ‘best interests’ defence)
