Trespass to the person Flashcards
Assault
An intentional act by the defendant that causes another person to reasonably apprehend the immediate infliction of a battery upon him
Battery
The intentional direct application of unlawful force to another person
Collins v Wilcock
A policer officer detains (holding the arm) a person short of arresting her –> battery (+)
F v West Berkshire HA
unlawful force is all physical contact which is not generally acceptable in the ordinary conduct of everyday life.
Necessity is a valid defence provided that the defendant’s actions were reasonable in all the circumstances of the case
DPP v UK
sulphuric acid in a hand dryer held not to be direct application of force. Application of force must flow directly and immediately form the defendant’s action
Wilson v Pringle
it is not necessary for the defendant to intend the consequences of his actions. It is (only) required to intend the unlawful contact
Gibbon v Pepper
stranger whips the horse, horse runs away with horseman on it and runs over another person –> stranger commits battery
R v Ireland
an assault can be committed by words
Stephen v Myers
The defendant does not need to intend that the claimant apprehends an imminent application of force. The defendant must be taken to have intended the natural and probable consequences of his act
Wilkinson v Downton
Requirements: (1) Infliction of harm (tort not actionable per se) (2) harm must be a legally recognised medical condition (3) intent to cause shock
Condon v Basi
A competitor consents not only to all conduct within the rules of the sport but also to conduct which may fall outside the rules of the sport but which is nonetheless within the spirit of the particular sport
Cockcroft v Smith
For self-defence to succeed, the force used by the defendant must be reasonable and proportionate and not used in retaliation
Green v Goddard
A defendant may take reasonable steps to defend his property. This extends to taking reasonable steps to eject a trespasser
