tresspass to the person

Question 1

types of tresspasses to the person

Answer 1

assault
battery
false imprisonment
intentional infliction of emotional distress
harassment

Question 2

what is an intentional tort

Answer 2

must involve intention
direct and physical
needs no evidence of damage
letang v cooper- cannot include negligence

Question 3

battery definition

Answer 3

the intentional and direct application of force to another without their consent or lawful justification

Question 4

1. criteria for battery

Answer 4

1. voluntary and intentional act (does not have to harm)
   cannot include sleepwalking
   fagan v commissioner

Question 5

2. criteria for battery

Answer 5

2.direct application of force to another
must be physical
can be applied via something else
any amount of force
dpp v k

Question 6

3. criteria for battery

Answer 6

3. 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

Question 7

lawful justifications

Answer 7

self defence- lane v holloway
law enforcement officers- collins v wilcock

Question 8

consent

Answer 8

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)

Question 9

assault definition

Answer 9

an act which causes another to apprenhend the infliction of immediate unawful focre
collins v wilcock

Question 10

criteria for assault

Answer 10

reasonable apprehension
intentional threat
immediate violence

Question 11

criteria 1 for assault

Answer 11

1. 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

Question 12

2. criteria for assault

Answer 12

2.intentional threat
intention or recklessness to produce fear
no awareness if struck from behind

Question 13

3. criteria for assault

Answer 13

3. 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

Question 14

definition of false imprisonment

Answer 14

the unlawful imposition of contraint on anothers freedom of movement from a particular place

Question 15

criteria for false imprisonment

Answer 15

the restraint must be total
the defendant must intend the detention
the restraint must be without lawful authorisation

Question 16

criteria 1 for false imprisonment

Answer 16

1. 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)

Question 17

criteria 2 for false imprisonment

Answer 17

2. the defendant must intend the detention
   iqbal v prison officers association- no intention, but recklessness can suffice

Question 18

criteria 3 false imprisonment

Answer 18

3. 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

Question 19

definition of intentional infliction of emotional distress

Answer 19

an intentional act that inflicts or causes some psychiatric harm or injury
wilkinson v downtown

Question 20

criteria for IIOED

Answer 20

the conduct element
mental element
consequence elements

Question 21

criteria 1 for IIOED
the conduct element

Answer 21

a. words or conduct directed towards the claimant
b. there was no justification or reasonable excuse
rhodes v OPO- justification of freedom of speech

Question 22

criteria 2 IIOED
the mental element

Answer 22

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

Question 23

criteria 3 IIOED
the consequence element

Answer 23

a. evidence of physical harm or
b. recognised psychiatric illness
wong v parkside- no psychiatric illness

Question 24

harassment act

Answer 24

protection from harassment act 1997

Question 25

prohibition of harassment

Answer 25

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

Question 26

what is harassmnet

Answer 26

sc7 (2)- alarming the person or causing them distress

Question 27

what is a course of conduct

Answer 27

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

Question 28

stalking

Answer 28

sc2A- amounts to harassment and be associated with stalking
e.g following a person