Term
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Definition
- Actionable per se
- D's acts must be direct and physical (cannot be indirect)
- Not a tort of strict liability |
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Term
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Definition
Winfield:
"Direct and intentional application of unlawful physical force." |
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Term
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Definition
Letang v Cooper:
Use of force must be intentional |
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Term
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Definition
Application must be direct (Winfield)
this has a wide interpretation:
- 3rd Party Contact (Scott v Shepherd)
- Indirect Contact (Pursell v Horn)
- Transferred Malice (Livingstone v MOD) |
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Term
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Definition
Cole v Turner:
Level of force extremely low - the slightest touching may amount to a battery |
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Term
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Definition
Collins v Wilcock:
Causing the claimant to apprehend immediate unlawful physical force |
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Term
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Definition
Requires a deliberate act - often evident
R v Ireland: words may constitute an assault |
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Term
| Assault: Claimant's perception |
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Definition
Thomas v National Union of Mineworkers: C must believe an attack is about to (imminently) happen.
R v St George: Reasonableness of belief based on C's perceptions |
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Term
| False Imprisonment: Definition |
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Definition
Winfield:
"infliction of bodily restraint not expressly or impliedly authorised by law." |
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Term
| False Imprisonment: required restriction |
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Definition
Bird v Jones:
Restriction on C's movements must be TOTAL. Preventing C from going where he wants not FI. |
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Term
| False Imprisonment: Means of escape |
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Definition
| Where there is reasonable means of escape, there is no action in FI. |
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Term
| False Imprisonment: nature of restraint: |
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Definition
| restraint need not be physical; an order not to leave may be FI if followed. |
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Term
| False imprisonment: C's knowledge at time |
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Definition
Murray v MOD:
C does not need to know of his imprisonment at the time of detention for an action to lie in FI. |
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Term
| False Imprisonment: unlawful restraint |
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Definition
The restraint must be unlawful. There are situations where restraint may be lawful:
Police restraint protesters (Austin and Another v Met. Police Cssr.) |
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Term
| Defences: Lawful arrest/ authority |
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Definition
Defence to: Assault, Battery, FI
Interferences may be justified under certain statutes:
- PACE
- Mental Health Act |
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Term
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Definition
Defence to: Assault; battery.
- Revill v Newbury: force used must be proportionate.
- Ashley v CC Sussex Police: A mistaken belief of the need for defence is allowed if reasonable. |
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Term
| Defences: Parental authority |
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Definition
Defence to: Assault, Battery
- Parents may use force to chastise a child.
- A v UK: this may amount to a battery if the force is disproportionate or the child does not understand the reason. |
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Term
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Definition
Defence to: Assault; battery.
May be express or implied.
Must be given freely with sufficient mental capacity. |
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Term
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Definition
Defence to: Assault; battery.
Force may be necessary to protect a person from a greater evil, e.g. necessary treatment where C cannot give consent (F v West Berkshire HA) |
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Term
| Defences: reasonable condition for release |
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Definition
Defence to FI.
If C's release depends on a reasonable condition that he refuses to perform, then further detention is considered voluntary. (Robinson v Balmain Ferry Co) |
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