Trespass to the Person

Question 1

Innes v Wylie

Answer 1

Battery must be an intentional act, not an omission

Question 2

Letang v Cooper

Answer 2

If not intentional act, sue in negligence

Question 3

Fowler v Lanning

Answer 3

Must be intentional act with fault on the part of the defendant

Question 4

Wilson v Pringle

Answer 4

Intention relates to contact and not harm

Question 5

Livingstone v MoD

Answer 5

Doctrine of transferred malice applies

Question 6

Scott v Shepherd

Answer 6

D threw lit firework into crowded market, was thrown by various intervening parties before exploding - still direct act

Question 7

Dodwell v Burford

Answer 7

Hitting a horse, causing it to run off and the defendant to fall off is a direct act

Question 8

Hopper v Reeve

Answer 8

D drove carriage intentionally into the claimant’s - direct act via carriages

Question 9

DPP v K

Answer 9

D placed sulphuric acid in handdryer which claimant used - both had contact with handdryer, both had contact with acid = direct act

Question 10

Cole v Turner

Answer 10

Merest touch is sufficient

Question 11

R v Cotesworth

Answer 11

Spitting on clothing is sufficient

Question 12

Nash v Sheen

Answer 12

D dyed claimant’s hair without consent and suffered allergic reaction - application of force

Question 13

F v West Berkshire HA

Answer 13

Hostility does not mean malevolence, it means that the claimant would not consent to that contact

Question 14

Chatterton v Gerson

Answer 14

Lower threshold for consent in battery than in negligence

Question 15

R v Williams

Answer 15

Claimant must understand purpose of battery to consent

Question 16

Appleton v Garrett

Answer 16

Unnecessary dental work for financial gain - consent not valid as claimant did not know purpose of treatment

Question 17

R v Richardson

Answer 17

Struck-off dentist - consent was valid as knew purpose and nature of treatment

Question 18

R v Tabassum

Answer 18

Not qualified to carry out breast cancer exams - consent invalid as did not know the purpose of the contact

Question 19

Re A (conjoined twins)

Answer 19

Separation of conjoined twins to avoid greater evil allowed (both would have died)

Question 20

Lane v Holloway

Answer 20

Response must be proportionate - claimant was 23 and defendant 64

Question 21

Percy v Hall

Answer 21

Defence of statutory authority (lawful arrest)

Question 22

R v H (reasonable chastisement)

Answer 22

Limits to what you can do to discipline children, limited by ECHR 3

Question 23

Co-op Group v Pritchard

Answer 23

Contributory negligence not available as matter of law

Question 24

R v Wilson

Answer 24

Words or gestures can constitute assault

Question 25

Tuberville v Savage

Answer 25

Words can negate an assault

Question 26

Read v Coker

Answer 26

Intentional act can be conditional

Question 27

R v St George

Answer 27

Apprehension has to be reasonable and can be negated by impossibility

Question 28

Thomas v NUM

Answer 28

Miner in an armoured vehicle - not reasonable apprehension

Question 29

Stephens v Myers

Answer 29

Apprehension of battery but for the intervention of a third party is sufficient

Question 30

R v Ireland

Answer 30

Silent phone calls could cause reasonable apprehension of immediate battery

Question 31

R v Governor of Brockhill Prison

Answer 31

Restraint must be intentional (no fault required as to unlawfulness)

Question 32

Bird v Jones

Answer 32

Prevented from walking on part of bridge - not false imprisonment as free to take alternative route

Question 33

Robinson v Balmain Ferry

Answer 33

C refused to pay to return through a turnstile - had consented to the restriction

Question 34

Herd v Weardale Steel

Answer 34

Miner was refused permission to leave mine early (trapped underground) - would now be considered under HRA

Question 35

Murray v MoD

Answer 35

C does not need to know that they are falsely imprisoned

Question 36

Meering v Grahame-White Aviation

Answer 36

C does not need to know they are falsely imprisoned - unaware that colleagues had been instructed not to let him leave

Question 37

Sayers v Harlow UDC

Answer 37

Must be a direct act