Trespass to Person

Question 1

Letang v Cooper

Answer 1

C sunbathing; D negligently drove on her legs. Claim in negligence time-barred, so sued for trespass to the person. → Trespass to the person must be intentional

Question 2

Fowler v Lanning

Answer 2

In cases of action of unintentional trespass to the person, the plaintiff has the burden of proving negligence

Question 3

Scott v Shepherd

Answer 3

D threw a lighted squib in the market
- Direct enough (2 other people picked it up and threw it)
- Only a positive act will suffice (no omission);
Everyone who does an unlawful act is considered as the doer of all that follows. Liable of battery

Question 4

Innes v Wylie

Answer 4

A police officer was blocking a doorway; The claimant ran into him and bounced off, suffering personal injury; omission can not amount to battery

Question 5

Fagan

Answer 5

The driving on to the foot of policeman and remaining there (refusing to move back) was part of a continuing act, not omission

Question 6

Cole v Turner

Answer 6

Least touching in anger is battery

Question 7

Wilson v Pringle

Answer 7

Schoolboy made joke to his mate, pulled his back off his shoulder causing him to fall, C suffered injury; claim for battery failed, must be hostile touching

Question 8

R v Ireland (Criminal case)

Answer 8

Psychiatric harm after numerous silent calls;
Silent threats → amount to crim assault, likely to adopt same approach in tort
- Imminence satisfied, enough that they were put in uncertainty whether they were about to be attacked

Question 9

Tuberville v Savage

Answer 9

Words can make clear that no intention to carry threat
- Imminent: apprehension doesn’t count if it’s for
another day “If I were not assize-time….”

Question 10

Thomas v Num

Answer 10

Threats made by pickets to those miners who sought to go to work were not an assault because the pickets had no capacity to put into effect their threats of violence; might be relaxed i.e. cyber-bullying

Question 11

Stephen v Meyers

Answer 11

Council meeting case; even if threat is not turned into action, but there are means of doing so, there is an assault

Question 12

Blake v Galloway

Answer 12

‘horseplay’ (stupid games) BoD only if conduct recklessness or a very high degree of carelessness; defence of consent to risk of harm during the game; no battery
–> consent to risk

Question 13

Chatterton v Gerson

Answer 13

battery looks at whether the patient consented or not;
-> consent was valid; C had consented to the broad nature of the procedure; it wouldn’t be if the procedure consented to was completely different from the procedure carried out the C

Question 14

Latter v Braddek

Answer 14

Maid forced to undress/undergo pregnancy examination. Doctor: defence of consent valid at time, but now view changed → Consent vitiated by duress (economic)

Question 15

Re A(conjoined twins)

Answer 15

Must kill one to save other, or lose both → Defence of necessity

Question 16

Crockcroft v Smith

Answer 16

clerk thrust his fingers at lawyer’s eyes, bit off parts of finger
→ Self-defence must be proportionate

Question 17

Ashley v chief constabl of Sussex Police

Answer 17

Mistaken belief, still defence if honest and reasonable; the belief of imminent danger need not be reasonably held, and may allow a pre-emptive attack → Self-defence

Question 18

Re C

Answer 18

Paranoid schizophrenic opposed amputation. Even if mental disease, has capacity to decide when can understand his decision
→ Mental disorder ≠ lack of capacity

Question 19

Bird v Jones

Answer 19

Partial obstruction, with no force or threat of force =/= false imprisonment
- Boundaries need not be tangible (eg: police officer
telling you you’re under arrest, but actually not)

Question 20

Iqbal v Prison officers association

Answer 20

Strike in prison; intention to imprison required; here: omission, not positive act, claim failed

Question 21

Murray v Ministry of Defence

Answer 21

→ No need to have awareness of the false imprisonment

Question 22

Herd v Weardale Steel

Answer 22

Case about the miner who wanted to exit before end of shift; contractual obligations, claim failed
→ Defence: reasonable condition for release

Question 23

Wilkinson v Downton

Answer 23

A friend as a practical joke told C her husband was gravely injured. C = shock (hair tuned white!)
Act presumably “calculated to cause some physical harm” even though accepted by the judges, joke, didn’t intend csq
Requirements to recover for psychiatric harm without personal injury:
1. D acted voluntarily
2. D intended to produce harm
3. P must have experiences demonstrable damage
4. P is not particularly susceptible to harm

Question 24

Majorowski v Guy’s & St’ Thomas’ NHS

Answer 24

Range of conduct targeted “oppressive and unacceptable” rather than unattractive or unreasonable; employer can be guilty of harassment; vicarious liability may apply