Trespass to Person :)

Question 1

ACTIONABLE PER SE?

Answer 1

• Dullaghan v. HilleN
• NEED NOT TO PROVE DAMAGE!!
• Recognition of Article 40.3!!

Question 2

1) BATTERY:

Answer 2

• Collins v. Wilcock (outside of generally acceptable touching is assault)
• R v. Cotesworth (spit is assault)
• Hooper v. Reeve (overturning chair is assault)
• DODWELL v. BURFORD (striking horse was assault)

Question 3

2) ASSAULT:

Answer 3

• R v. Ireland (silence was assault)
• Stephen v. Myers (clenched fits was assault)
• Tuberville v. Savage (words negative actions)
• R v. George (unloaded gun was assault)
• Read v. Coker (violent words result in assault)
• Dullaghan v. Hiller (words alone do not constitute assault)

Question 4

3) FALSE IMPRISONMENT:

Answer 4

• Bird v. Jones
• Dullaghan v. Hiller (PROVIDES DEFINITION)
• Meering v. Grahame

(= person does not need to know abt the restraint on his or her freedom of motion)

Question 5

DEFENCES???

Answer 5

1) SELF DEFENCE:
- Dullaghan v. Hiller
- White v. Connolly (must be appropriate and proportionate in situations of threat)

2) LAWFUL AUTHORITY

3) CONSENT:
O’Brien v. Cunard