Professional Documents
Culture Documents
Law of Torts
Law of Torts
Battery
Intentional and direct application of unlawful force to another person
1 the least amount of touching can be battery
Three elements
1. Intent
2. Direct application
3. Force
Collins v Wilcock
No requirement of harm for a battery
Claimant police officer had cautioned defendant prostitute. When she walked away. The
police officer took hold of her arm. The def scratched the officers restraining arm. Defendant
argues police officer had committed a battery in holding her. The touch of her arm was a
trespass.
Gone beyond the scope of duty in detaining the woman police officer had committed a
battery. Goff LJ .
Wilson v Pringle
Hostile touching
In an act of ordinary horseplay the defendant pulled the claimants school bag off
his shoulder.
This caused the claimant to fall and suffer hip injury.
Court of appeal.
Croom-Johnson LJ the touching must be proved to be hostile touching.
Re F Lord Goff intentional physical contact not generally accepted in the
ordinary conduct of daily life
Letang v Cooper
The claimant was sunbathing in a hotel car park when the defendant drove in an
accidently drove over the claimants legs. Claim in negligence time barred.
Attempted to take a claim in trespass to the person
Lord Denning Court of Appeal
Nash v sheen
An intention to hurt is not necessary
Dependant hair dresser was liable in battery when a tone rinse which
caused a rash was given to a claimant who requested a permanent
wave.
Re B v NHS
1. Consent
Those who take part in sports also consent to a reasonable degree of physical
contact during the course of play, ie within the rules, even to the risk of being
unintentionally injured
The defence that the claimant consented to the injury or (more usually) to the
risk of being injured
Simms v Leigh Rugby Football Club
The defence that the claimant consented to the injury or the risk of being
injured.
R v Billinghurst- there can be no consent to deliberate acts of violence
Off ball incident claimant was deliberately punched in the face
2. Lawful arrest
Albert v Lavin
reasonable force by police officers or security guards to detain
you against your will. In order for their action to be lawful they would
have to show that you were causing or were about to cause a breach
of the peace, or provoking others to cause a breach of the peace
by your actions.
Collin v Wilcox- no all actions Lord Goff- not all actions by the police will
provide a defence.
3. Self Defence
Reasonable use of force to prevent a crime
a person may use reasonable force to defend himself, another person, or his property
from attack.
R v Williams(Gladstone) facts he honestly believed them to be
D saw a man assaulting a youth. The youth was calling for help. The man was in fact
affecting a lawful arrest of the youth, albeit falsely claiming to be a police officer. D
intervened
Held: D was not guilty of assault. He honestly believed that he was preventing an
unlawful assault. If the belief was in fact held, its unreasonableness is neither here nor
there. It is irrelevant.
4. Necessity
In Re F (above), a case concerning when medical treatment can be justified when
given without consent,
Lord Goff "not only (1) must there be a necessity to act when it is not practicable to
communicate with the assisted person, but also (2) the action taken must be such as a reasonable
person would in all circumstances take, acting in the best interests of the assisted person".
5. Provocation
Lane v Holloway
False Imprisonment
Complete unlawful restraint of an individual by another
Intentional or unintentional
1. The restraint must be total/complete
Locking someone in a room
Blocking someones way so they have to use an alternative route is not
enough.
Bird v Jones
Plaintiff, attempting to pass in a particular direction, was obstructed by the defendant, who
prevented him from going in any particular direction but one, not being that in which he had
endeavoured to pass. Held, no imprisonment
False Imprisonment
Complete unlawful restraint of an individual by another
Intentional or unintentional
4. The restraint must be total/complete
Locking someone in a room
Blocking someones way so they have to use an alternative route is not
enough.
Bird v Jones
Plaintiff, attempting to pass in a particular direction, was obstructed by the defendant,
who prevented him from going in any particular direction but one, not being that in
which he had endeavoured to pass. Held, no imprisonment.