Trespass to the person Flashcards
What was the key issue in Letang v Cooper
Plaintiff was sunbathing in a carpark and got run over by a car. The court ruled it was negligence, not trespass, since the injury was not intentional.
What did Lord Denning state in Letang v Cooper
No negligent trespass. conduct has to be direct and intentional for trespass
What are the two elements required for assault?
- Reasonable apprehension; 2. Of an imminent battery.
What principle was established in Tuberville v Savage
Defendant put his hand on his sword and said, “If it were not assize time, I would not take such language from you.” Conditional threats that negate immediacy do not amount to assault.
What principle was established in Stephens v Myers
Defendant advanced with a clenched fist toward the plaintiff but was stopped before contact. Assault can be found where the claimant reasonably apprehends immediate force, even if actual force is averted.
What principle was established in Thomas v National Union of Mineworkers (South Wales Area)
Striking miners shouted threats at workers protected by police and vehicles. No assault found due to lack of reasonable apprehension of immediate violence in protective circumstances.
What principle was established in R v Ireland
Defendant made silent phone calls causing psychiatric injury. Silence can amount to assault if it causes fear of immediate violence; immediacy is interpreted flexibly.
What principle was established in Rex (RN) v First-tier Tribunal (Social Entitlement Chamber)
Claimant groomed with Facebook messages causing fear but no immediate physical presence. Still amounted to assault, as it caused reasonable apprehension - loosely applied imminent battery requirement.
What principle was established in Collins v Wilcock (battery)
Contact generally acceptable in everyday life is not actionable.
What principle was established in Wilson v Pringle
Schoolboy pulled another boy’s bag in a joke. Only hostile contacts are actionable; the act must be intended, not the injury.
What principle was established in Kaye v Robertson
Taking a flash photograph is not battery.
What principle was established in F v West Berkshire Health Authority
Non-consensual sterilization of a woman with severe mental disabilities. Non-consensual touching is prima facie battery but was neccessary, which can justify it.
What principle was established in McMillan v Crown Prosecution Service
Contact by authority figures is not automatically battery if reasonable and proportionate.
What principle was established in Bird v Jones
Restraint must be total for false imprisonment.
What principle was established in Herd v Weardale Steel Coal & Coke Co Ltd
Miner voluntarily descended into a mine and was refused to be brought up before the end of his shift. No false imprisonment, was in contract, employers omission was insufficient.
What principle was established in Davidson v Chief Constable of North Wales
Shoplifting system went off, store manager called police, and an arrest was made. No liability for false imprisonment if police exercise independent judgment based on third-party information.
What principle was established in Iqbal v Prisoner Officers Association
Prisoner kept in cell during a strike. False imprisonment requires a positive act; omission is not actionable.
