Trespass To The Person Notes
This is a sample of our (approximately) 4 page long Trespass To The Person notes, which we sell as part of the GDL Tort Law Notes collection, a Distinction package written at Cambridge/Bpp/College Of Law in 2016 that contains (approximately) 270 pages of notes across 42 different documents.
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Trespass To The Person Revision
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[TRESPASS TO THE PERSON]
Right of protection from deliberate physical harm, unlawful contact and from unjustified restriction of liberty (Assault, Battery and False Imprisonment) - All actionable per se
Battery "Direct and intentional application of force by the defendant to the claimant without lawful justification'
Must prove either: a) Intention (to touch, not to hurt); or, b) Recklessness (foreseeing the likelihood of act causing the application of force)
More than mere negligence
Fowler v Lanning: no liability if unintentional (here the claimant was shot unintentionally so no liability)
Direct (direct foreseeability)
Reynolds v Clarke: act must cause an 'immediate wrong'
Scott v Shepherd: there was sufficient directness where Scott through a lighted squib into a market place
DPP v K: schoolboy poured sulphuric acid into hand-drier, another student got it on his face - sufficiently direct
Fagan v Commissioner of Met Police: discussion of what constitutes an 'act - defendant parked on a policeman's foot, then refused to move - the mens rea occurred during the actus rea, thus his act couldn't be regarded as a mere omission
Application of force
Any physical contact - no need for actual damage
Cole v Turner: "the least touching of another"
R v Cotesworth: spitting in a doctor's face was a battery 1
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