Law of Tresspass
LAW OF TORT LAW2002-N 20011/12
Lectures 3 and 4: Trespass to the Person
Lectures 5 – 12: Negligence
TRESPASS TO THE PERSON
Reading:
Steele Chap 2 to page 81; Street Chap 3; Winfield Chap 4.
ASSAULT AND BATTERY
Introduction
Battery: intentional application of force to another person.
Assault: act of the defendant which causes to the claimant reasonable apprehension of the infliction of an immediate battery on him by the defendant.
Battery
1. The character of the act of D
a) It must be a positive act. b) D must have control over what he is doing. c) There must be force and contact.
Collins v Wilcock [1984] All ER 374
Wilson v Pringle [1987] QB 237.
In Re F (Mental Patient: Sterilization) [1990] 2 AC 1
2. State of Mind
ie. the relationship between trespass and negligence.
Letang v Cooper [1965] 1 QB 232; [1964] 3 WLR 573; [1964] 2 All ER 929; [1964] 2 Lloyd 's Rep. 339.
Note that since Fowler v Lanning [1959] 1 QB 426; [1959] 2 WLR 241; [1959] 1 All ER 290. C must prove that D acted intentionally or negligently.
3. Livingstone v Ministry of Defence (1984) 15 NIJB - transferred malice
4. No consent by C and the burden is on C to prove it.
Freeman v Home Office (No 2) [1984] QB 524
5. No damage need be proved.
Assault
1. This means the act of putting another person in reasonable fear or apprehension of immediate battery.
eg. pointing loaded gun shaking one 's fist under C 's nose. But not shaking fist from window of departing train. Thomas v NUM [1985] 2 All ER 1, 24
2. Mere words are not assault however menacing: there must be threatening acts
Meade 's Case (1823) 1 Lew CC 184
"No words or singing are equivalent to assault".
cf. R v Wilson [1955] 1 WLR 493
However
a) There is no clear authority on this rule.
b) In the nature of things threatening words are usually accompanied
Lectures 3 and 4: Trespass to the Person
Lectures 5 – 12: Negligence
TRESPASS TO THE PERSON
Reading:
Steele Chap 2 to page 81; Street Chap 3; Winfield Chap 4.
ASSAULT AND BATTERY
Introduction
Battery: intentional application of force to another person.
Assault: act of the defendant which causes to the claimant reasonable apprehension of the infliction of an immediate battery on him by the defendant.
Battery
1. The character of the act of D
a) It must be a positive act. b) D must have control over what he is doing. c) There must be force and contact.
Collins v Wilcock [1984] All ER 374
Wilson v Pringle [1987] QB 237.
In Re F (Mental Patient: Sterilization) [1990] 2 AC 1
2. State of Mind
ie. the relationship between trespass and negligence.
Letang v Cooper [1965] 1 QB 232; [1964] 3 WLR 573; [1964] 2 All ER 929; [1964] 2 Lloyd 's Rep. 339.
Note that since Fowler v Lanning [1959] 1 QB 426; [1959] 2 WLR 241; [1959] 1 All ER 290. C must prove that D acted intentionally or negligently.
3. Livingstone v Ministry of Defence (1984) 15 NIJB - transferred malice
4. No consent by C and the burden is on C to prove it.
Freeman v Home Office (No 2) [1984] QB 524
5. No damage need be proved.
Assault
1. This means the act of putting another person in reasonable fear or apprehension of immediate battery.
eg. pointing loaded gun shaking one 's fist under C 's nose. But not shaking fist from window of departing train. Thomas v NUM [1985] 2 All ER 1, 24
2. Mere words are not assault however menacing: there must be threatening acts
Meade 's Case (1823) 1 Lew CC 184
"No words or singing are equivalent to assault".
cf. R v Wilson [1955] 1 WLR 493
However
a) There is no clear authority on this rule.
b) In the nature of things threatening words are usually accompanied