Trespass To The Person Flashcards
What is assault?
An act which causes another person to apprehend the infliction of immediate, unlawful force on his person.
Act must also be coupled with the capacity of carrying the intention to commit a battery into effect.
What torts make up Trespass to the Person?
Assault.
Battery.
False Imprisonment.
What is Battery?
An intentional and direct application of unlawful force to another person.
What is the case of Collins v Wilcock?
Police woman took hold of a woman’s arm to stop her walking off when she was questioning her. The woman scratched the police woman’s arm.
Police woman’s actions amounted to a battery. Defendant’s action was therefore in self defense.
What is the case of Wilkinson v Downton?
D told the C that her husband had been seriously injured in an accident. It was untrue and was intended as a joke. C was shocked and suffered a serious reaction.
D liable because he willfully did an act calculated to cause harm and has in fact caused physical harm.
What is the case of Wainwright v Home Office?
Claimants were strip searched by prison officers. Searches were humiliating and distressing due to the search being carried out sloppily.
Could not rely on Wilkinson v Downton due to lack of intention & not all psychiatric harm should give rise to liability under Wilkinson v Downton.
What is false imprisonment?
The unlawful imposition of constraint on another’s freedom of movement from a particular place.
What is the case of Bird v Jones?
Part of a public road was closed. C wanted to enter but was prevented by D. C was able to enter enclosure by other means but was unable to go where he wanted to go and was able to leave. C sued for false imprisonment.
D did not totally restrict his movements, just prevented him from going where he wanted to go.
What is the defense to false imprisonment?
Lawful Arrest.
What are the requirements for Self Defense to be used as a defense?
- Use of force must be necessary.
2. Amount of force must be reasonable.
What is the case of Cross v Kirkby?
C was a hunt saboteur and got into an altercation with D. In an altercation D struck C on the head and fractured his skull because C attached him with a bat.
Law does not require D to measure the force used with mathematical precision.
What are the requirements for Medical Consent?
- Patient informed of the nature and risks of procedure.
- Must reach a competent decision to take in and retain balance and treatment information.
- Consent must be FREELY GIVEN.
- Competent adult can refuse treatment even if they die as a consequence.
