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7 Cards in this Set
- Front
- Back
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Battery is a direct and positive, intentional interference with the person of another without their consent. |
Battiato v. Lagana (Definition of Battery) |
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Directness is satisfied where there is no break in time between the commission of the act and the loss or injury suffered by the victim. |
Reynolds v. Clarke |
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An action will only be a positive one if it is a proactive measure, rather than an omission. |
Innes v. Wylie |
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Proof of consent may be used as a defence if: 1) the consent is freely given; AND 2) the act does not exceed the level of consent given. |
Marion's Case |
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Incidental batteries as part of everyday life are protected by an implied consent. |
Collins v. Wilcock |
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Incidental batteries committed within the rules of particular sports are protected by an implied consent. |
McNamara v. Duncan |
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Hostility is no longer a requirement of battery. Even the lightest touching may suffice. |
Re F |
