This study guide provides various topics from tort law. It oulines exam information and gives guidance on the most important topics in tort law. These study guides show display what the exam structure may typically look like and also provides the most important cases to remember. There are some ess...
Types of trespass to the person
Battery infliction of unlawful touching no malice require but lack of consent
Assault Actions words whichcausethe immediateapprehension ofimpendingbattery
in a reasonable
person
False imprisonment the total restraint of freedomofmovementfrom aparticular
place
Types of trespass to the person are actionable per se noneed forproof of
damage but lack of proof of damagemaylead to areducedaward of damages
Defences
Consent
Necessity eg promoting public order
Self defence defendant has to have held an honest andreasonable belief
that they were in immediatedanger
IERVIEW.IN
The torts in trespass to a person are outlined by
committedintentionally with direct intent
take the form of direct harm
are actionable per se without proof of damage
Intention from negligence to intention
Is the distinguishing line between negligenceandtrespass to the person
L Distinction negligently injuringsomeone AND intentionallymaking contact
with someone which then unintentionally injuresthem with intentionthe harm causedby
the intended voluntary action does not need to be an intentional harm
Letang v Cooper 1965 C's legs run over by D whilst she was sunbathingin
a car park no action in trespass to the person if the act ofrunning over hadbee
done intentionally then it would it was an unintentional action appropriateform
of action was negligence
, Structure IP q I
In order to establish civil liability fortrespass to person
1 One of three torts
battery assault false imprisonment
2 Committed
intentionally
3 Caused immediate and direct harm
Check if any defences apply
Consent
necessity
Self defence
Battery
Anyintentional anddirect force applied to someone else with lack of theirconsent
Humphrey 1975 intention of battery D pushed C into a
Williams v
swimming pool causing C to have a broken ankle which was notintended actiona
in battery Original pushing was intentional even if the outcome was unforeseen
Intention can be transferable Livingstone v Ministry of Defence 19841 where D
intends to hit A but hits B instead Dbecomesliable forbattery to B
Intention can arise after contact Fagan 19691 D refused to move car off police
officer's foot eventhoughinitialintentto drive on his foot was not there refusing
to move gave rise to intention
Collins v Wilcock outlines battery infliction of force with lack of consent
Direct immediate force
interpreted widely
Haystead Chief constable of Derbyshire 20001 D Storch someone in thefacecausing
her to drop thebabyshe was holding constituted as battery in relation to thebaby
without his consent possible defence
c This requirement is important in two senses
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