Tresspass To Person Week 1

Question 1

What are the 3 ELEMENTS of a BATTERY and their AUTHORITIES

Answer 1

1) Directly or indirectly causes physical contact with the plaintiff; - Carter v Walker (2010)
• Force applied was inconsistent with normal contact - Rixon v Star City Pty Ltd (2001)

2) Without consent. - White v Johnston (2015)

3) Defendant must be at fault. - Mchale v Watson (1966)
• Interference was voluntary and intentional or done with a lack of due care - Mchale v Watson (1966)

Question 2

What are the 3 ELEMENTS of an ASSAULT and their AUTHORITIES

Answer 2

1) Threat of imminent offensive contact (Gesture or words) - R v Gabriel [2004]

2) Reasonable apprehension that defendant has ability to carry out the threat - Police v Greaves [1964].
• Plaintiff must be aware of the threat - Police v Greaves [1964].
• Defendant must have the apparent ability to carry out threat - Brady v Schatzel [1911]

3) Defendant must be at fault.
• Must be intent to create apprehension in the plaintiff - Mchale v Watson (1966) or McCelland v Symons [1951]

Question 3

What are the 3 ELEMENTS of a FALSE IMPRISONMENT and their AUTHORITIES

Answer 3

1) Restraint of plaintiff’s liberty - Myer Stores vs Soo [1991]

2) Restraint in all directions with no reasonable means of escape - Bird v Jones (1945)
• Restraint may be procured by assertion of legal authority - Bird v Jones (1945)

3) Defendant must be at fault.
• Interference was voluntary and intentional or done with a lack of due care - Mchale v Watson (1966)

Question 4

What are the TIME LIMITATIONS on Torts Actions

Answer 4

1) Personal injuries = 3 YEARS
• Section 10 Limitation of Actions Act 1974
All other torts = 6 YEARS
• Section 10 Limitation of Actions Act 1974