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13 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Definition |
Trespass to the person means a direct or an intentional interference with a person's body or liberty.
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3 forms |
assault, battery and false imprisonment |
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Purpose |
- actionable per se - to protect civil rights - protect a person's dignity, even if no physical injury has occurred (e.g. taking of finger prints) |
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Assault |
- A attempt or a threat to do a corporeal (肉身) hurt to another, coupled with an intention to do the act
- Actual contact x necessary. Just apprehends contact. |
majority of cases an assault precedes a battery |
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Battery |
the intentional and direct application of physical force to another person.
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Assault case |
assault can be committed by words alone in R v Ireland
-Tuberville v Savage (1669)
-Stephens v Myers (1830) (Clenched fist, prevented from reaching him by third parties. ) -Liable for assault.
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Battery |
A battery is the actual intentional infliction of unlawful force on another person. It was stated in Cole v Turner (1704): 'The least touching of another in anger is a battery', subject to exceptions:
Collins v Wilcock [1984] - must be a 'hostile touching': - Re F [1990] Scott v Shepherd (1773) -must cause direct damage |
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False imprisonment |
- unlawful imposition of constraint upon another's freedom of movement from a particular place.
- lf there is a reasonable escape route there will be no false imprisonment. Bird v Jones (1845) Robinson v Balmain New Ferry [1910] |
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Can a person be falsely imprisoned without his knowledge?
Yes |
Meering v Graham-White Aviation Co Ltd (1920)
However, Lord Griffiths did state in the latter case: 'If a person is unaware that he has been falsely imprisoned and has suffered no harm, he can normally expect to recover no more than nominal damages ...'. |
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Defences |
CONSENT
- Expressly by words or be implied from conduct.
- Deemed to consent to a reasonable degree of physical contact as a result of social interaction [Collins v Wilcock]
- Take part in sports = consent to a reasonable degree of physical contact during the course of play
- However, there can be no consent to deliberate acts of violence [R v Billinghurst] [1978] |
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DEFENCE
LAWFUL ARREST |
The powers of arrest, exercisable by a constable or a private citizen, are contained in the Police and Criminal Evidence Act 1984. An arrested person must be told, as soon as is practicable, that he is under arrest; and the grounds for the arrest (s28). Private citizens making an arrest must, as soon as is reasonable, hand the arrested person over to the police. Only reasonable force may be used to effect an arrest. |
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Defence -Self defence |
- established rule of the common law that a person may use reasonable force to defend himself, another person, or his property from attack.
- person may make a mistake as to their right to self defence. In such a situation, the criminal law allows a defendant to be judged on the facts as he honestly believed them to be:
R v Williams (Gladstone) (1984) R v Beckford [1988] |
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Necessity |
Re F (above)
a case concerning when medical treatment can be justified when given without consent |
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