TRESPASS TO THE PERSON Flashcards
what is battery ?
intentional application of unlawful force to another person.
Dodwell v Burford (1670)
where the defendant struck claimant’s horse with the result that it bolted, and the claimant was thrown from the horse; held that the defendant was liable for battery.
Collins v Wilcock (1984)
that an application of force to another’s person that is ‘ generally accepted in daily life’ will not amount to battery.
what is an assault?
an assault is an act of the defendant which causes the plaintiff reasonable apprehension of the infliction of battery on them by the defendant.
what is false imprisonment ?
this is the infliction of bodily restraint which is not expressly or impliedly authorized by law.
elements of FI: the restraint must be total
the plaintiff must be deprived of their liberty completely as mere partial interference with their freedom of movement may not amount to imprisonment.
Elements of FI: knowledge of the plaintiff
the knowledge that the plaintiff is aware of the fact that they have been falsely imprisoned is irrelevant. it is possible to falsely imprison someone without them being aware of the fact that they are being falsely imprisoned.
Elements of FI: means of escape
+ McFadzean v construction forestry mining and energy union.
it was stated that if a person has a reasonable means of escape, but does not know it, it is submitted that their detention is nonetheless false imprisonment unless any reasonable person would have realized that they had an available escape route.
Element of FI: detention must me unlawful
the restraint must be done without any lawful justification or reasonable excuse.
Defenses available to an action of FI
- Consent
- Necessity
- Self defense
- Lawful arrest
Remedies
- Damages
- Injunction
- Self help
