tresspass to the person Flashcards
types of tresspasses to the person
assault
battery
false imprisonment
intentional infliction of emotional distress
harassment
what is an intentional tort
must involve intention
direct and physical
needs no evidence of damage
letang v cooper- cannot include negligence
battery definition
the intentional and direct application of force to another without their consent or lawful justification
- criteria for battery
- voluntary and intentional act (does not have to harm)
cannot include sleepwalking
fagan v commissioner
- criteria for battery
2.direct application of force to another
must be physical
can be applied via something else
any amount of force
dpp v k
- criteria for battery
- without the consent or lawful justification
allows contact which is a normal part of everyday life
collins v wilcock
wilson v pringle- the battery must be hostile
hostility rejected in F v West Berkshire health authority
lawful justifications
self defence- lane v holloway
law enforcement officers- collins v wilcock
consent
sports- necessary contact within the rules of the sport
medical procedures- particular procedures only wainwright v home office
limits- to be killed, bodily harm (r v brown), consent must be real and not forced (r v williams)
necessity- allows to save life/avoid harm, where capacity is lacking in the best interest (f v west berkshire health), where the c cannot communicate (airedale nhs trust v bland)
assault definition
an act which causes another to apprenhend the infliction of immediate unawful focre
collins v wilcock
criteria for assault
reasonable apprehension
intentional threat
immediate violence
criteria 1 for assault
- reasonable apprehension
objective test of reasonable expectation that force will be used against them
tuberville v savage- no assault
r v ireland- silent phone calls
- criteria for assault
2.intentional threat
intention or recklessness to produce fear
no awareness if struck from behind
- criteria for assault
- immediate and direct violence
not too remote in the future
whether to an objective person the threat could be carried out
Thomas v national union of mineworkers
r v wilson- by words
r v ireland- silence
innes v wylie- obstruction cannot amount to an assault
definition of false imprisonment
the unlawful imposition of contraint on anothers freedom of movement from a particular place
criteria for false imprisonment
the restraint must be total
the defendant must intend the detention
the restraint must be without lawful authorisation
criteria 1 for false imprisonment
- the restraint must be total-
the detained person must have no reasonable means of escape
bird v jones- could turn around and use footpath
walker v commissioner- standing in doorway
harnett v bond- using authority to prevent leaving
meering v grahame white- knowledge of imprisonment is not required (can effect damages)
criteria 2 for false imprisonment
- the defendant must intend the detention
iqbal v prison officers association- no intention, but recklessness can suffice
criteria 3 false imprisonment
- the retsraint must be without lawful justification
voluntary agreement-
contractual terms and conditions- robinson v balmain new ferry
employment contracts- herd v weardale steel
lawful detention- austin and another
unlawful arrest- richardson v CCWMP
citiczens arrest- sc24A PACE
prisons- no liberty capable of deprivation
detention for too long- r v governor of brockhill prison
definition of intentional infliction of emotional distress
an intentional act that inflicts or causes some psychiatric harm or injury
wilkinson v downtown
criteria for IIOED
the conduct element
mental element
consequence elements
criteria 1 for IIOED
the conduct element
a. words or conduct directed towards the claimant
b. there was no justification or reasonable excuse
rhodes v OPO- justification of freedom of speech
criteria 2 IIOED
the mental element
a. an intention to cause physical harm or
b. severe mental or emotional distress
rhodes- no intention
wainwright v home office- humilliate or distress not sever emotional damage
criteria 3 IIOED
the consequence element
a. evidence of physical harm or
b. recognised psychiatric illness
wong v parkside- no psychiatric illness
harassment act
protection from harassment act 1997
prohibition of harassment
sc1 1(A)- a person must not pursue a course of conduct-
which amount to harassment and
which he knows or ought to know amounts to harassment of another
what is harassmnet
sc7 (2)- alarming the person or causing them distress
what is a course of conduct
sc7 (3) must involve-
a. for a single person- conduct on atleast 2 occasions
b. for 2 or more people- conduct on at least 1 occasion for each person
stalking
sc2A- amounts to harassment and be associated with stalking
e.g following a person
