Trespass to the person 0.0 / 5 ? LawTortUniversityOther Created by: Emma13Created on: 09-03-17 08:58 What are the 3 elements to trespass to the person? Intentional and direct and it is actionable per se 1 of 15 What is the definition of trespass to the person? An intentional and direct interference with the person or liberty of another. 2 of 15 What is assault? Assault is the fear of the force, an intentional act which causes C to reasonably apprehend the infliction of an imminent battery. 3 of 15 What is battery? The intentional and direct application of unlawful force on another. No need to intend consequences of act. 4 of 15 What is false imprisonment? Intentional and complete restraint on liberty without lawful justification. 5 of 15 What does Wilson v Pringle establish? Battery case - no need to intend consequences of act. 6 of 15 What does the case of F v West Berkshire Health Authority establish? Battery case -Necessity defence, lawfully allowed to sterilise C against her consent due to mental capacity. Concept of necessity. 7 of 15 What did the case of St.George's Healthcare N.H.S trust v s establish? Battery case - infringement to her autonomy. 8 of 15 What are the elements of battery? Application of unlawful force, almost immediately and without intervention of the D's action. 9 of 15 What are the elements of assault? Intention, must intend to act which causes apprehension and must intend the apprehension which is imminent/immediate. 10 of 15 What does the case of Thomas and Others v National Union of Mineworkers The assault must be immediate. 11 of 15 What does the case of Austin and another v Commissioner of Police of the metropolis establish? False imprisonment case. 12 of 15 What does the case of Livingstone v Ministry of Defence establish? transefered intent can make the D liable, if they intended to hurt someone and managed to hurt someone else it still equals battery. 13 of 15 What are the 3 defences for trespass to the person? Consent (lawful arrest) Defence of person or property (self defence/defend property in reason not retaliation and Necessity. 14 of 15 Is contributory negligence available defence? No 15 of 15
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