Trespass to the Person Flashcards
Battery must be committed intentionally
Fowler v Lanning
There must be a direct act for there to be a battery
Reynolds v Clarke (throwing log)
Fagan v MPC
The least touching of another in anger is battery
Cole v Turner
Spitting in face is a battery
R v Cotesworth
Suggestion that there is an additional requirement of hostility in battery
Wilson
Consent may be a defence
Nash v Sheen
Consent in medical treatment
Airedale NHS Trust v Bland
Consent is immaterial if ABH suffered
R v Brown
Assault is an act that produces in the claimant a reasonable expectation of immediate, unlawful force
R v Beasley
Words alone may suffice for an assault
R v Wilson
R v Ireland
Silence, which causes psychiatric damage, may amount to an assault
Words negated assault
Tuberville v Savage
Threat to harm must be present
Thomas v NUM
Stephens v Myers
Residuary trespass
Wilkinson v Downton
harassing phone calls to claimant = residuary trespass under wilkinson v downton
Khorasandijan v Bush
Self-defence
Lane v Holloway
Ex turpi causa
Lane v Holloway
False imprisonment- must show restriction in all directions
Bird v Jones
False imprisonment, not necessary for claimant to be aware of his situation
Meering v Grahame-White, confirmed in Murray v MOD
Act must be direct act by defendant
Sayers v Harlow
No need for any force for false imprisonment; words may be enough
Davidson v Chief Constable of North Wales
Confinement may be justified if claimant has failed to comply with a contractual obligation
Robinson v Balmain New Ferry; Herd v Weardale Steel
Lawful arrest - must be informed of reasons
Christie v Leachinsky
Wrongful continuation of an original lawful imprisonment may be false imprisonment
Roberts v Chief Constable of Cheshire
