Tuesday, December 20, 2011

Law of Tort : Trespass to Person


TRESSPASS TO PERSON
Meaning: Unlawful action interference others people’s right.
·         Actionable per se” – C can take action against D; even does not suffered damage, but D already cause wrongful action.
·         It must be direct and physical action (included word/verbal)
Elements
1.       Battery
2.       Assault
3.       False Imprisonment

BATTERY
Meaning: The direct and intentional application of force to the claimant without their consent.
Elements of Battery
1.       FORCE
·         Any physical contact with the claimant’s body.
·         No requirement for violence or injury.
Cases:
a.      R v Chief Constable of Devon and Cornwall
b.      Nash v Sheen
c.       B v An NHS Hospital Trust

2.       MENTAL ELEMENT
·         D has intention to use force against C
Cases:
a.      Letang v Cooper
b.      Wilson v Pringle

ASSAULT
Meaning: An Act of D towards P which causes P avoids immediate violence.
Elements of Assault
1.       IMMEDIATE VIOLENCE
·         Frightening act that put C in fear
·         D has possibility to make immediate violence towards C
Cases:
a.      Thomas V National Union of Mineworkers
b.      Stephens v Myers

2.       MENTAL ELEMENT
·         Had intention to cause a fear even not carry out the action
Case: R v St Gorge

FALSE IMPRISONMENT
Meaning: unlawful prevention of another from exercising their freedom of movement
D unlawfully prevent C from his freedom of movement
Elements of False Imprisonment

1.       IMPRISONMENT
C has to be “completely deprived” (cannot move in any direction)
But if there is alternative ways:
 If it is safe, it is not FI.
If it is not safe, it is a FI.
Case: Bird v Jones

2.       POSITIVE ACT
The act must be done by D
Case: Sayers v Harlow Urban District Council

3.       KNOWLEDGE OF DETENTION
Do not need the C knowledge for false imprisonment
Case: Meering v Brahame White Aviation

4.       MENTAL ELEMENT
No intention: because strict liability

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