Trespass to the person Flashcards
what case sets out the definitions for batter, assault, and false imprisonment
- Goff LJ in Collins v Wilcock
definition for battery
- ‘the actual infliction of unlawful force on another person’
definition for assault
- ‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’
definition for false imprisonment
- ‘the unlawful imposition of constraint on another’s freedom of movement from a particular place’
what did Lord Denning say in R v Chief Constable of Devon and Cornwall about battery
- ‘an unwanted kiss may be a battery although the defendant’s intention may be most amiable’
what kind of intention is needed for battery + case
- Intention includes subjective recklessness
- Intention as to the contact, not the consequences / consequential harm
- Williams v Humphrey
does battery need to be direct and immediate + case?
- yes
- Reynolds v Clarke
what case states that battery must be beyond that which is ‘generally accepted in the ordinary conduct of daily life’
- Goff LJ, Collins v Wilcock
what is looked at when examining police powers for battery name an Act and case?
- In the context of policing, often it is the scope of police powers which will determine if an act is lawful or an unlawful battery
- Police and Criminal Evidence Act 1984
- Pile v Chief Constable of Merseyside Police
what are the requirements for assault + case
- Intention, includes subjective recklessness
- C must apprehend the infliction of immediate force (D must have means of carrying out threat)
- Thomas v National Union of Miners
what are the stances for Gestures, words, and silence for assualt
- R v Meade and Belt - ‘no words or singing are equivalent to assault’
- Tuberville v Savage – words can negate actions
- R v Ireland – silent phone calls could constitute an assault
what case states a conditional threat is still a threat?
- Read v Coker
what does Stephen v Myers say about force for assault
- Apprehension of force must be reasonable
what are the requirement for false imprisonment and the cases
- Intention, directness & positive action - Iqbal (‘it must be an intentional or at least reckless)
- D does not have to intend (or be reckless or negligent as to) the imprisonment be(ing) unlawful - Evans (spent too long imprisonment)
- Complete restriction of movement / no reasonable means of escape - Robinson v Balmain New Ferry Co Ltd (there must be no visible means of escape)
where can you find the Right to liberty and false imprisonment
- ECHR, Article 5(4):
what are the justifications of unlawfulness + cases (2)
- Often depends on powers of arrest or detention - Walker
- Where D is a public authority, C may also have an action for damages in respect of a violation of Article 5 ECHR (right to liberty)- Brooks
what case concerns police kettling tactic
- Austin
what does intention mean and what are the cases (3)?
- What the defendant wilfully desires to occure
- Wilful and voluntary act (Letang v Cooper)
- Subjective recklessness as to the act’s consequences (Iqbal)
what is necessary for the defence of self defence and what case?
- Action must be proportionate to the threat
- Action must be necessary OR D must reasonably believe the actions are necessary for themselves or a third party
- If they had a reasonable belief that they needed to commit a battery to protect themselves or someone else
- Ashley v Chief Constable of Sussex Police- honest belief is not enough it must also be reasonable
what is the defnece of Necessity and what case
- Necessary to commit a tort to protect a oneself or another person where the threat is not immediate
- Re A
what are 2 situations for the defence of Consent in the medical context
- A surgeon does not commit battery if performing a surgery and the patient has consented (Chatterton v Gerson - she didn’t know all of the risks, but knew broadly)
- Treatment after competent patient refuses treatment would amount to battery (Re T)
what is Principle of Autonomy
Freedom and capacity to consent. They can refuse treatment
what is to be done when there is an incapacity to consent
- Re F
- ‘Best interests’ test – doctors much act in the best interest in patient
- Mental Capacity Act 2005
Does an honest or reasonable, but mistaken, belief in consent provide a defence to trespass to the person?
- position not clear
a case for rape
- Parrington v Marriott
what else is there instead of a tort of harassment
- Introduction of the Protection from Harassment Act 1997
what does s1 of the Protection from Harassment Act 1997 state
(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
what does s7 of the protection from harassment act say about conduct?
- (3) A “course of conduct” must involve—
(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or
(b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons.
(4) “Conduct” includes speech.
what can harassment include beside stalking and cases
- Thomas – publication of victimising newspaper articles
- Merlin Entertainments – sending emails and setting up websites
- CG – setting up a facebook page which revealed the identity and location of a sex offender
- Majrowski – bulling in the work place
- Daiichi – intimidating public demonstration
what did Jones say about harassment
- the defendant does not have to foresee anxiety or any king of injury caused by the harassment for the claimant to recover damages. All that is required for the the defendant is that they know or ought to know that what they’re doing amounts to harassment
what case stated the Course of conduct must amount to harassment?
- King v DPP
