Intentional Torts

Objectives of tort?
Appeasement, Justice, Compensation, Deterrance
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Making one judgment opens all similar cases
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Compensation Culture
Someone somewhere has to be liable, Compensation Act 2006, s.1 fixes: allows court discretion
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What re the 3 Torts?
Intentional, Negligence, Strict Liability
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Parties to an action/Definitions
Natural or Legal person, Tortfeasor, Vicarious Liability, Deceased's Estate, Subrogation, Actionable per se
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3 Intentional Torts?
Assault, Battery, False Imprisonment
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Case: Switch to negligence style, claimant has to prove trespass
Fowler v Lanning
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Case: Action in tort is barred over time, how long?
Negligence = 3 years, Trespass = 6, Letang V Cooper
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Case: Assault can happen without battery
Stephenson v Myers - Parish council meeting
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Case: If D was not in a position to cause immediate harm, C cannot expect it, and so no liability
Thomas v National Union of Mineworkers - Miners in a bus
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Case: Assault can be negated by words
Tuberville v Savage - swordmen, authorities were in town
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Case: Words, as well as silence, can amount to assault
R v Ireland, R v Burstow - silent phone calls
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What is assault?
Intentional act which threatens immediate and direct violence, or the claimant can expect force
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What is battery?
Intentional application of force without consent
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Case: Battery must be an intentional act
Fagan v Metropolitan Police Commissioner - drove on foot
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Case: Doesn't matter if battery/harm was not intended to person, can be transferred intention
Livingston v Ministry of Defence
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Cases: Order for mental State of battery
Cole v Turner "touching of another", Collins v Wilcock, "everyday life", Wilson v Pringle, "hostile intent", RE F "implied consent"
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Case: Consent must be real, not induced by fraud
R v WIliams - touchy singing tutor
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Case: Generally in medical situations, people consent
Chatterton V Gerson - numb leg
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Case: In sport you consent to injury inside of game rules, not outside
R v Billinghurst - punch in rugby
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Cases: Government will always protect citizens
Sado masochism - R v Brown, Assisted suicide - Pretty v UK
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Case: Self defence has to be reasonable
Cockroft v Smith - biting off finger
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Case: Must be a reasonable belief of harm for self defence to be operative
Ashleigh v Chief Constable of Sussex Police - shooting naked man
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Case: Defendant may necessarily intervene to prevent greater harm to the public, but must act with minimum force
Leigh v Gladstone - prisoner forcibly fed
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Case: Doctors may intervene in best interests of patients where patient cannot communicate, and where action is taken in reasonable person
Re F, Airedale NHS v Bland
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What does Wilkinson v Downton cover?
Intentional harm that is indirectly caused
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Case: The rule in WIlks v Downton
Where defendant had undertaken act intended to cause harm, but that harm was indirectly caused, the harm must be proved, as well as intention
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Case: Follow up to Wilkinson v Downton
Janvier v Sweeney - German spy
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Case: End of Wilks v Downton
Wainwright v Home Office - prison guard , PTSD for boy - no intention
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Case: Wilks V Dowton: The return
O v A - pianist with bad childhood - 3 elements to prove it:Something directed at claimant without justification, intention to cause emotional stress, proof of psychiatric illness
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What is false imprisonment?
Where the defendant completely restricts someone's freedom of movement
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Case: FI is effective in prisons, where someone has been imprisoned for too long
R v Governor of Brockhill Prison
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Case: If there is a reasonable escape route, FI not effective
Bird v Jones
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Case: Can still claim fi you didn't know you were falsely imprisoned, but only nominal damages
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Case: The length of the imprisonment, or the seriousness of it, is irrelevant in establishing a claim
Walker v Comms=issioner of the Police
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Case: If it is consented to, FI is not effective
Herd v Weardale Steel
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Case: FI still exists if the claimant is too ill too move
Grainger v Hill
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Making one judgment opens all similar cases

Card 3


Compensation Culture


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Card 4


What re the 3 Torts?


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Card 5


Parties to an action/Definitions


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