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12 Cards in this Set
- Front
- Back
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Thomas v National Union of Miners |
- Violent gestures - Police held back striking miners - No assault |
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Tuberville v Savage |
- Defendant drew his sword - 'If it were not assize time I would not take such language from you' - No Assault |
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R v Ireland |
- Silent phone calls can constitute assault |
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Wilkinson v Downton |
rule for intentional torts |
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Assault |
Refers to conduct which makes the claimant fear that violence will be immediately used against them - there must be some sort of intentional act by the defendant - generally considered that there must be a reasonabel expectation of immediate physical violence (Stephen v Myres; NUM) - No need for actual physical violence |
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Stephen v Myres |
- lack of chistian spirit - parish meeting - defendant held back - Hence 'some distance between the palintiff and surrounded by others, and was considered to have no present means of executing his threat |
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Battery definition |
3 Essential elements
Intent: generally held that the necessary intent under the tort of battery is to make physical contact; - not necessary for intent to inflict harm - medical treatment without consent can suffice; Re B v NHS direct application force |
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Collins v Willcox |
- Police officer detains woman short of arrest - intent to make physical contact |
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Wilson v Pringle |
- School-boy 'horse play' - Not all touching will be battery - Later case Re F 'general exception embracing all physical contact which is generally acceptable in the ordinary conduct of everyday life' |
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Letang v Cooper |
Carelessness/ negligence will generally not be sufficient to establish intent |
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Re B v NHS |
- Tetraplegic patient refused consent to life saving treatment - Could the medical professioanls override her wishes - Application of force a battery even if 'life saving' |
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Defences to Assault & Battery |
Consent
- Simms v Leigh Football Club: injury within laws of the game - R v Billinghurst: fractured jaw off the ball is not consent Self Defence/ prevent a crime - R v Williams Necessity - Re F 'Necessity is not a sufficiently generous principle: it would only justify a narrow range of emergency treatment' - acting in best interests and acting out of necessity are different |
