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Lecture notes study book Tort Law Directions of Carol Brennan, Vera Bermingham - ISBN: 9780198853923, Edition: 7th Revised edition, Year of publication: - (torts)
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Lecture 4Overview of TTP
TTP Definitions
· TTP acts must be intentional and direct
o Remember that they are also actionable per se – no need to for proof of harm
o 3 types – assault, battery and false imprisonment
· The legal definition of assault is:
o An act and/or words by D which causes C to reasonable expect the immediate infliction of a battery
· The legal definition of battery is:
o Direct, intentional and unlawful touching of C by D without consent or other lawful justification
· The legal definition of false imprisonment is:
o Intentional/reckless, complete and unlawful restriction on C’s freedom of movement without express or
implied authority
Distinguishing TTP from negligence
· We have seen that a key ingredient of TTP is that D must intend to commit the offence, remember the
extent of the damage does not matter but there should be intent by D to cause the offence:
o Letang v Cooper [1964] 2 All ER 929
§ “All direct intentional acts amount to trespass and all indirect and unintentional acts must be brought
into negligence.” – Lord Denning
Assault
· There is no requirement for actual physical (bodily contact)
o Words can be enough:
§ R v Ireland [1997] 4 All ER 225
o Sometimes the words used by D may negate the assault
§ Tuberville v Savage (1669) 1 Mod Rep 3
§ Stephens v Myers (1830) 4 C&P 349 Words might be combined with a gesture (but still no actual
physical contact)
· The fear suffered by C (of an imminent battery) must be reasonable =
o Stephens v Myers (1830) 4 C&P 349
o Thomas v NUM [1985] 2 All ER 1
· Assault will always come before battery
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