Tort Trespass to the Person

Pregunta	Respuesta
Fowler v Lanning	No trespass if causes unintentionally and without fault.
Letang v Cooper	Restricted trespass to intentional acts.
Wilson v Pringle	Intention relates to the contact and not to level of harm. Battery = intentional touching accompanied by hostility. No battery if could have been expressly or impliedly consent to.
Iqbal v Prison Officers Association	Intention to apply force includes subjective recklessness
Livingstone v MOD	Doctrine of transferred malice applies
Reynolds v Clarke	Must be direct act.
Scott v Shepherd	Direct includes an application of force that is direct and immediate result of the defendant's actions.
Fagan v MPC	Police officer, car on foot. This was held not to be an omission when he didn't move car. Direct application of force via car.
Dodwell v Burford	Direct contact can be applied without touching person - hit horse.
R V Cotesworth	Spitting is a trespass to the person
Hopper v Reeve	Drove towards another deliberately.
DPP V K	Sulphuric acid in a hand dryer.
Nash v Sheen	Hairdresser dying hair without permission is battery.
F v W. Berks Health Auth	Not ill will but doing something without consent = hostility.
R v Wilson	'Get the knives out' = assault
R v Ireland	Silence can = assault
Tuberville v Savage	"If it wasn't for... then i would... " with hand on sword. Words negate assault.
Thomas v NUM	Miners strike being transported through the picket line in vehicle. Threat to harm in future unlikely to be an assault.
Stephens v Myers	Lunged in a meeting. Very much immediate. Assault.
Subjective test	Would reasonable person in claimant's position apprehend immediate battery?
False Imprisonment	Directly and intentionally cause complete restriction of claimant's liberty without lawful justification.
Collins v Willcock	Police officer stopping someone from leaving. No grounds to do so. Assault.
Iqbal v Prison Officers Association	Subjective reckless will suffice for false imprisonment - knows that restraint is likely consequence of actions but goes ahead. Prison officer strike meant that he had to stay in his cell.
R v Governor of Brockhill Prison ex p Evans	False imprisonment must be direct and intentional. Prisoner kept in after he should had bee released. Gvnr didn't realise but irrelevant as he kept him in.
Bird v Jones	Being stopped from walking over a bridge is not a false imprisonment as could go the other way.
Meering v Grahame - White Aviation	Claimant told to go to bosses office. Waited without knowing that there were people outside that would have stopped him from leaving. Do not need to be aware that you are being restrained.
Davidson v CC N. Wales	No need for any force. Words can suffice.
Robinson v Balmain New Ferry	1p to cross river, paid to get through barrier, tried to get back through without paying another 1p. Not falsely imprisoned. He could have paid.
Herd v Weardale Steele	Miner finished work early (refused to work full hours). Demanded to be taken up earlier. Refused. Held to conditions he had accepted when he went down. No false imprisonment
R v St George	Unloaded gun held at claimant who didn't know = assault.
Chatterton v Gerson	If nature and purpose know then consent defence.
R v Williams	Sex to help singing. Did not give valid consent as she didn't understand what she was consenting to. No defence.
Appleton v Garrett	Dodgy dentist carried out unnecessary work for money. Did obtain true consent. No defence
Collins v Wilcock	PC on member of public. Implied consent. Defence.
R v Richardson	Unregistered dentist gave competent treatment. Consent was valid.
R v Tabassum	Breast exam research. Consented but wasn't a doctor and wasn't researching so not true consent.
R v Brown	If there is ABH suffered then it is immaterial that there is consent.
Re A (Children) (Conjoined Twins: Medical Treatment)	Necessity to 'avoid an inevitable and irreparable evil.' Evil inflicted must not be disproportionate to evil prevented.
Collins v Wilcock	If police arrest lawfully then there is a defence - Statutory Authority
R v H	Lawful chastisement defence - court will examine time, level and what done etc.
Lane v Holloway	What is reasonable force is question of fact for each case.
Cockcroft v Smith	Biting off a finger to prevent someone from poking you in the eye is not justifiable self-defence.
Wilkinson v Downton Rule	Deliberate act or words Calculated to cause harm to the claimant Harm caused Unlawful - no lawful defence
Janvier v Sweeney	Wilkinson and Downton Told being investigated as a spy and wasn't.
Rhodes v OPO	Wilkinson and Downton Rule Family distressed that Rhodes had written a book discussing abuse he had experienced. Supreme court decision - not calculated to cause harm.
Wainwright v Home Office	Wilkinson and Downton Rule Strip searched on prison visits. Not to everyone's taste but there needs to be harm not just upset.
Wong v Parkside Health NHS	Wilkinson and Downton Rule Promoted and colleagues mocked. Insufficient harm caused.
Bird v Holbrook	Spring gun to deter. Shoots whoever sets off trap. Not reasonable so not self-defence.
Murray v MOD	For kidnap you do not need to know that you are completely restricted. Told to wait in office, unbeknownst to M people outside the door to prevent him leaving

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	Creado por Laura Millward hace alrededor de 7 años