Trespass Against the Person Flashcards
Assault - definition
An intentional act by the defendant causing the claimant to reasonably apprehend the immediate infliction of unlawful force
Words may constitute an assault
R v Ireland
Intentional conduct is essential for assault. If not intentional, it is negligence
Letang v Cooper
Words may also negate an assault
ie ‘if we weren’t being watched I’d hit you’
Turberville v Savage
‘Immediate’ means ‘within a minute or so’
R v Ireland
Battery - definition
The intentional direct application of unlawful force to another person
For battery, the defendant must intend only his actions, not the consequences
Wilson v Pringle
‘Direct application of force’ (Battery)
Force must flow almost immediately and without intervention.
Physical contact not necessary
Physical contact which is generally acceptable in the ordinary conduct of everyday life will not be unlawful (Battery)
F v West Berkshire Health Authority
Defendant cannot allege contributory negligence as a defence to claims for assault or battery
Co-Operative Group v Pritchard
Possible defences to assault/battery
Consent
Defence of the person
Defence of property
Necessity
A patient is deemed to have consented to medical treatment once informed in broad terms of the nature of procedure intended
Chatterton v Gerson
A sports competitor consents not only to all conduct within the rules of the sport, but also to conduct outside the rules, but within the spirit of the sport
Condon v Basi
Criteria for consent in sport
R v Barnes
Type of sport Level played Nature of act Degree of force Injury caused
Cockcroft v Smith - conditions for defence of the person
Must establish that force was:
- used in self-defence
- reasonable; and
- proportionate to the force used/threatened by claimant
Defence of property
One may take reasonable steps to defend one’s property
Defence of property can include taking reasonable steps to eject a trespasser (including asking them to leave)
Green v Goddard
Two situations where defence of necessity could justify treating an adult medically without consent
F v West Berkshire Health Authority
Emergency situation where patient is unconscious; and
A state of affairs rendering patient incapable of giving consent.
Wilkinson v Downton
Separate tort where defendant intends to cause shock to claimant, who then suffers tangible damage as a result
Conditions of Wilkinson v Downton tort
D must act with intention;
But not trespass person;
There is a lack of direct application of force;
Harm must be a medically recognised illness or injury
