Trespass to the person and to land

Question 1

Battery

Answer 1

The actual infliction of unlawful force on another person:

• Intentional creation of direct physical contact (s. DPP v K (1990))
• Unlawful (s. Collins v Wilcock (1984))
• Does not require hostile intention by the defendant (s. R v CC Devon ex p Central Electricity Generating Board (1982))

Question 2

Assault

Answer 2

The defendant causes the claimant to reasonably anticipate immediate unlawful force

• Apprehension (Collins v Wilcock (1984))
• Reasonableness (Stephens v Myers (1840))

Question 3

False imprisonment

Answer 3

The total, intentional and unlawful constraint on the freedom of movement of another

• Total constraint (Robinson v Balmain Ferry Co Ltd [1910], Bird v Jones (1945))
• Intentional constraint (R v Governor of Brockhill Prison ex p Evans (No. 2) [2001])
• Unlawful constraint

Question 4

The tort in Wilkinson v Downton

Answer 4

Intentional and indirect infliction of physical or psychological injury (s. Wilkinson v Downton [1897]):

• Conduct element
  
  • Defendant conveys false information knowing that information to be false (s. Wilkinson v Downton [1897])
  • Defendant verbally threatened the claimant, pestering and intimidating him and causing him to suffer harm (s. Wong v Parkside Health NHS Trust [2001])
  • Defendants commits and intentional act against the claimant, intending to cause him some harm
• Intention element: Intention to cause the claimant a recognised psychiatric injury or to cause him significant emotional distress which in fact resulted in psychiatric injury (s. Rhodes v OPO [2015])
• Consequence element: Physical or psychiatric harm

Question 5

Trespass to land

Answer 5

Tort actionable per se with two conditions:

• Intention to enter the land
  
  • Intention to trespass is not required (s. Basely v Clarkson (1681))
  • Land includes the surface and and anything permanently attached to the land (e.g. houses, walls, standing crops), as well as anything above or below the land (subsoil, airspace, s. Kelsen v Imperial Tobacco Co [1957])
• Direct interference (s. Gregory v Piper [1829])
  
  • Indirect interference with land is actionable under the tort of nuisance