¨ Intentional, direct, unlawful physical contact with the claimant’s body

¨ If contact is not intentional then negligence appropriate Letang v Cooper

¨ Requires direct contact but indirect has been accepted in the past Gibbons v Pepper, Nash v Sheen even where another party makes contact Scott v Shepherd

¨ There is some controversy over whether hostility is required – compare Wilson v Pringle and Collins v Wilcock

¨ Medical treatment without consent is battery Re F and now consent requires being fully informed Montgomery v Lanarkshire HA

¨ Defences include: Consent Simms v Leigh RFC - Necessity Leigh v Gladstone - Self defence Revil v Newbury (must be proportionate Lane v Holloway) - Inevitable accident Stanley v Powell - Lawful arrest

	Criado por Ria Hill mais de 7 anos atrás

Slides sobre Trespass against the Person, criado por Ria Hill em 12-04-2017.

Trespass against the Person