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20 Cards in this Set
- Front
- Back
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Assault
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•Intentional Act
•Immediate, Unlawful, Force |
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Battery
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•Intentional
•Direct •Application of force •Without his consent |
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Letang v Cooper 1965
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C's legs were run over by D while she was sunbathing.
If intentional - Trespass If not - Negligence |
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'Actionable per se'
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Does not require proof of damage in order to be actionable.
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Battery - Intentional
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Williams v Humphrey The Times 1975 - Illustrates intention in battery. D pushed C into swimming pool, Actionable in battery as original pushing was intentional, even where outcome unforeseen
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Battery - Direct
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Haystead v CC Derbyshire 2000
D struck someone holding a baby, baby was dropped. Held to constitute battery in relation to the baby |
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DPP v K 1990
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Battery - Direct
Put acid in handdryer, held to have inflicted force directly - liable in battery |
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Battery - Application of Force to Another
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Some contact with claimant required.
Kaye v Robertson 1991 - doubted if shining a light in eyes would suffice. |
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Battery - Without his consent
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Wilson v Pringle - required hostile intent - this is generally disproved.
Collins v Wilcock - touching will not be treated as battery if 'acceptable in ordinary conduct' |
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F v West Berkshire HA (1989)
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HL - medical sterilisation for mentally subnormal. Declaration was given that the procedure was in the best interests of the patient.
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Assault - Reasonably Apprehend
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Thomas v National Union if Mineworkers - Did not constitute assault as threat impossible to carry out
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Stephens v Myers 1830
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D attempted to strike C but someone intervened. Assault was committed as it had been reasonable for C to anticipate a hit.
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Direct and Immediate application of force.
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R v Ireland - 1998 - Words can constitute an assault.
Tuberville v Savage 1669 - Words can negate an assault See also Protection from Harassment Act 1997 |
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False Imprisonment
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•Complete restraint of bodily movement
•Which is not expressly or impliedly authorised by law |
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FI - Must be detention in which restraint is complete
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R v Bournewood etc NHS trust, ex p L - Held voluntary mental patient kept sedated in unlocked ward had not been detained. Taken to ECtHR helf patient denied art 5 (1) right to liberty.
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Bird v Jones (1845
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No False imprisonment where C has reasonable means of escape.
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Robinson v Balmain Ferry Ci Ltd
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Imposition of reasonable or lawful condi by D negate the tort
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FI - C need not be aware of imprisonment
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Indicates value placed on liberty that false imprisonment can occur without C's knowledge (actionable per se)
Meering v Grahame -White Aviation (1919) |
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FI - Defences
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Lawful Authority - PACE Act s.24, 24a Hague v DG of Pankhurst prison - No residual liberty
Necessity - Austin v Met Police Comm. (2005) - reasonable measures for crowd control - kettling of crowd. in extreme and exceptional circumstances. |
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Wilkinson v Downton
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•Wilfully
•Committed an act •Calculated to cause physical harm to C •By indirect means |
