trespass to the person Flashcards
what did Joanne Conaghan say about gendered harms and sexual harassment (1996)
- eroticize inequality
- one where men routinely dominate and women commonly submit
what are the three torts?
battery
assault
false imprisonment
what is a trespass to the person?
- infringement of individuals person, metal or bodily integrity
- are actionable per se (without proof of loss)
which case gives the definition for the 3 torts?
goff LJ in Collins v Wilcock (1984)
what is a battery?
actual infliction of unlawful force on another person
what is assault?
act which causes another to apprehend the infliction of immediate unlawful for to his person
what is false imprisonment?
unlawful imposition of constraints on another’s freedom of movement from a particular place
what must the tort be?
- cause of direct and immediate unlawful interference with claimants personal integrity
- be committed intentionally
intention
case for wilful and voluntary act?
Letang 1965
intention
case fo subjective recklessness as to the consequence of the act?
(acknowledge there’s a likely risk of harm and do it anyway)
Iqbal 2009
which case says the unlawful interference warrants damages
AND
the consequential harms and losses warrant damages
ashley v chief constable sussex police (2008)
what happened in Ashley 2008?
- relatives claim for person shot during armed raid
- police aquitted of murder, no beyond reasonable doubt
- civil law proof is balance of prob
- chief const admit negligence to planning of raid
- they got compo, wasn’t enough wanted to admit shooting wrong and it was battery
- HOL said yes as they want vindication of rights not compo
what happened in Lumba v sec of state for home dept (2011)?
- L impirson then detained for deport
- had been unlawfully detained and unlawful policy followed
- argue if correct procedure had been followed would still have been detained
- SC said had been false imprisonment but only received nominal damages
- 3 dissent saying should have full damages as undermines wrong of the tort
legislation for battery?
section 39, Crim justice act 1988
legislation for technical assault?
section 39 crim justice act
legislation for assault occasioning actual bodily harm?
section 47 offences against person act 1861
legislation for rape?
section 1, sexual offences act 2003
legislation for sexual assault by penetration?
section 2 sexual offences act 2003
what did lord Dennings say about an unwanted kiss and what case?
ex p central electricy 1982
an unwanted kiss may be battery although intention may be most amicable
intention and subjective recklessness
what is the case where youth push dad into water and suffer serious injury
found even though no intention to cause harm he wasn’t part of the rough play so was no consent
so it was a battery
Williams (1975)
direct and immediate harm
the case where def though firework into market stalls, holders threw it onto save their stalls, someone lse eye
ruled def direct enough for battery even though 2 others threw as they were trying to prevent harm def caused
reynolds (1725)
unlawful force
which case said more than hostile conduct needed, must be beyond ‘generally accepted in ordinary conduct of life’
goff in
collins (1984)
what happened in collins v Wilcocks 1984?
collins sex worker restrain by police, she scratch officer, charge with assault
- def argue wrong restrain as there was no need for a caution, so said officer commit battery
- court accept no assault as she was defending against battery
- officer had no authority to restrain
- emphasis on amount of physical conduct we accept in normal life
(wilson 1987 conflicts with this)
what did lord goff say in Re F 1990?
following could all be battery without being labelled hostile:
- prank out of hand
- slap on back
- surgical treatment done with mistaken consent
unlawful force and police powers
pile 2020
- woman drunk covered in sick
- officers change her out of dirty clothes, claim its battery
- found necessary for hygiene reasons under 1984 act
it’s the scope of powers under police and crim evidence act 1984 that will determine if act is lawful
what is the intention with assault?
that the unlawful force be apprehended
which case said the def must have the means of carrying out the threat
(miners crossing picket line, said they apprehend assault but police were there so they weren’t capable)
thomas (1985)
In which case said words could negate actions in relation to assault?
(words negate hand on sword)
tuberville 1669
which case said silent phone calls could amount to assault?
r v ireland 1998
which case said conditional threat can still be assault?
if you don’t leave well break your neck
read 1853
which case said the apprehension of force must be reasonable?
(def at parish council, threaten chair, 6 others stopped physical assault but still had reasonable apprehension)
stephen 1830
what did Conaghan 1996 say about the way men and women see sexual acts?
men and women see sexual acts differently
what a woman may find threatening a man doesnt
what did Magruder 1936 say about differences in male and female sexual acts?
From his point of view, ‘there’s no harm in asking’
false imprisonment
which case said it requires intention, directness, and positive action?
Iqbal 2009
(prison officer strike, said prisoners being locked in was a likely consequence, but COA said wasn’t enough directness and positive action)
false imprisonment
which case said def doesnt have to intend or be recklessly negligent as to imprisonment being unlawful?
ex p evans (2001)
what happened in ex p Evans?
- release date calculate in line with judicial interpretation
- interpretation later revised so evans spent 59 days too long
- governor had acted reasonably in calculating but tort is about lawfulness not unreasonableness
false imprisonment
which case said no reasonable means of escape?
jollah (2018)
false imprisonment
which case said where def is public authority c may also have an action for damages under art 5 ECHR (right to liberty)?
Brooks (2005)
false imprisonment
the case for justification of false imprisonment?
Austin (2005)
Austin v UK (2012
ECHR)
what happened in Austin in 2005?
- police cordon in protest, capture innocent people
- false imprisonment under art 5
- COA said there was breach
- HOL said defence of necessity to prevent damage defeat art 5 right
- ECHR upheld decision
article for justification of false imprisonment?
Feldman 2009
what did jenny Steele say about false imprisonment set out in Hague?
does not operate satisfactorily as const tort to protect against abuse of power
what happened in Hague 1992
- when detention lawful but condition of detention isn’t (like hygiene compared to prison regulations)
- lords said not FI
