Trespass Against the Person

Question 1

Assault - definition

Answer 1

An intentional act by the defendant causing the claimant to reasonably apprehend the immediate infliction of unlawful force

Question 2

Words may constitute an assault

Answer 2

R v Ireland

Question 3

Intentional conduct is essential for assault. If not intentional, it is negligence

Answer 3

Letang v Cooper

Question 4

Words may also negate an assault

ie ‘if we weren’t being watched I’d hit you’

Answer 4

Turberville v Savage

Question 5

‘Immediate’ means ‘within a minute or so’

Answer 5

R v Ireland

Question 6

Battery - definition

Answer 6

The intentional direct application of unlawful force to another person

Question 7

For battery, the defendant must intend only his actions, not the consequences

Answer 7

Wilson v Pringle

Question 8

‘Direct application of force’ (Battery)

Answer 8

Force must flow almost immediately and without intervention.

Physical contact not necessary

Question 9

Physical contact which is generally acceptable in the ordinary conduct of everyday life will not be unlawful (Battery)

Answer 9

F v West Berkshire Health Authority

Question 10

Defendant cannot allege contributory negligence as a defence to claims for assault or battery

Answer 10

Co-Operative Group v Pritchard

Question 11

Possible defences to assault/battery

Answer 11

Consent
Defence of the person
Defence of property
Necessity

Question 12

A patient is deemed to have consented to medical treatment once informed in broad terms of the nature of procedure intended

Answer 12

Chatterton v Gerson

Question 13

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

Answer 13

Condon v Basi

Question 14

Criteria for consent in sport

R v Barnes

Answer 14

Type of sport
Level played
Nature of act
Degree of force
Injury caused

Question 15

Cockcroft v Smith - conditions for defence of the person

Answer 15

Must establish that force was:

• used in self-defence
• reasonable; and
• proportionate to the force used/threatened by claimant

Question 16

Defence of property

Answer 16

One may take reasonable steps to defend one’s property

Question 17

Defence of property can include taking reasonable steps to eject a trespasser (including asking them to leave)

Answer 17

Green v Goddard

Question 18

Two situations where defence of necessity could justify treating an adult medically without consent
F v West Berkshire Health Authority

Answer 18

Emergency situation where patient is unconscious; and

A state of affairs rendering patient incapable of giving consent.

Question 19

Wilkinson v Downton

Answer 19

Separate tort where defendant intends to cause shock to claimant, who then suffers tangible damage as a result

Question 20

Conditions of Wilkinson v Downton tort

Answer 20

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