Trespass to the Person Flashcards
What is the rule in R v Ireland?
Words alone can be assault
Green v Goddard. What is the rule?
Defence of the property includes ejecting a trespasser
Consent must be to a proper representation of the act. Which case is this?
Chatterton v Gerston
What is the rule in Tuberville v Savage?
Words can negate assault. IE “If there were no police here”.
How are unlawful actions defined and by what case?
F v West Berkshire Health Authority. “Unlawful” actions are those that are socially unacceptable
F v West Berkshire Health Authority has what to say about the defence of necessity?
Actions must be reasonable and necessary.
A Doctor’s failure to disclose all risks to a patient does not invalidate consent. What is the case?
Chester v Afshar
Participants consent to conduct within the “general spirit of the sport”. What’s the case?
Condon v Basi
What is assault?
“An intentional act by the defendant that causes the claimant to reasonably apprehend immediate direct infliction of physical force”
What is a Wilkinson v Downton case?
One where the defendant intentionally causes phychiatric harm.
What is the rule in Wainwright v Home Office?
A Wilkinson v Downton case isn’t actionable per se
Is contributory negligence available in Trespass cases? Which case says yes/no?
No. Co-op v Pritchard
Actions for defence of the person must be what three things according to Cockroft v Smith?
In self defence
Reasonable
Proportionate
