Summary Notes – Other Torts

TORT: Liability in tort, requires no promise. The object of the law of torts is to protect those
general rights of every person which are conferred as a matter of law. The scope of tort law
is therefore much broader than the scope of the law of contracts.

Trespass to Person – Battery

Physical – as little as a touch
A person commits the tort of battery (the actual application of physical force) if:
1. They cause some sort of physical interference with another person’s body;
There is NO requirement to prove that the contact caused… any physical
harm.”
2. The action is direct – directly causing contact with another body;
3. The act is either intentional or negligent (unintentional); and
4. There is no consent or lawful justification for the act. Consent can be implied
Note:
1. Sometimes even the smallest touch can amount to battery.
Any touching of another’s body is, in absence of lawful excuse, capable of
amounting to a battery and a trespass.
2. However, Courts have held that a certain minimal level of physical contact is
unavoidable in daily life.

Trespass to Person – Battery

Case Rixon v Star City Pty Ltd [2001]
FACTS:
• Rixon played roulette at Star City after being banned.
• Employee confronted Rixon and detained him until the police
arrived. In doing so, the employee had to place his hand on
Rixon’s shoulder.
• Rixon sued Star City in the tort of battery.
HELD:
• The physical contact was to get Rixon’s attention.
 • It was deemed that this contact is “generally acceptable in the
ordinary conduct of daily life.”

Star City was not liable.

Trespass to Person – Assault

Trespass to the Person – Assault
The Anticipation of Physical Force
A person commits the tort of assault (the “threat” of the actual application of physical
force) if:
1. They cause another person to develop a reasonable apprehension of direct,
imminent (must be in that moment) and harmful or offensive physical
contact; “Reasonable apprehension”;
discussed in Brady v Schatzel [1911] at 208. It is not material that the person
assaulted should be put in fear… (otherwise)… the question would be
whether the party assaulted was a courageous or timid person.
2. The act is direct;
3. The act is intentional or negligent – unintentional; and
4. There is no consent or lawful justification for the act.

Note:
1. No physical contact actually needs to occur for this tort.
2. Often assault and battery occur at the same time.
3. If a Def makes carrying out a threat conditional upon the Pl complying with a
demand (Eg. Johnny threatens to punch Simon unless he leaves) – the tort is
committed.

Trespass to Person – Assault

Case Stephens v Myers (1830)

Rozsa v Samuels [1969]

Trespass to Person – False Imprisonment

No reasonable means of escape
A person commits the tort of false imprisonment (the complete deprivation of someone’s
freedom of movement) if:
1. They cause another person to be totally restrained;
‘Total’ means that there is no reasonable avenue of escape for the plaintiff
from his or her imprisonment.
2. The act is direct;
3. The act is intentional or negligent (unintentional);
4. There is no consent or lawful justification for the act.
In Symes v Mahon [1922] SASR 447, the Plaintiff was informed by a police officer that he
had a warrant for his arrest and he had to accompany him to Adelaide. He did so. It was
found that the Plaintiff was not the right person. The Plaintiff successfully sued for false
imprisonment.
Trespass to Person – Assault
Case Symes v Mahon [1922] SASR 447
• The Plaintiff was informed by a police officer that he had a
warrant for his arrest and he had to accompany him to
Adelaide. He did so. It was found that the Plaintiff was not the
right person.
• The Plaintiff successfully sued for false imprisonment.

Burton v Davies 1953

FACTS:
• Hitch-hiker picked up from road and driver of truck groped the
hitch-hiker.
• Hitch-hiker demanded to be let out and was denied.
• Only means of escape was to jump from a moving truck.
HELD:
• Means of escape must be without risk of injury.
• Courts deemed only means of escape would likely cause injury.

Trespass Defences
• Accident (interference neither intentional nor negligent);
• Consent;
• Necessity (protection from imminent and real harm);
• Self-defence (proportionate to threat);
• Defence of property.

Tort of Defamation
A person commits the tort of defamation if they publish to a third party, in spoken or
written form, a statement about another person that would damage their reputation.
The Plaintiff must establish three things to successfully bring this action:
1. The statement about them was defamatory; and
2. The statement identified them; and
3. The statement was published to a third party.
Defences include: justification, absolute privilege (during parliamentary or judicial
proceedings), fair reporting, honest opinion etc.

Note:
1. What does defamatory mean? Makes ordinary people think less of you, causing
people to shun or ridicule, excluded from society
2. To identify someone, you don’t have to name them, reasonable person would know
who your referring to
3. Published doesn’t have to mean written. Can convey information to another person
(speaking)
Tort of Deceit
1. If a person makes a false statement during contractual negotiations to induce
the other, they make what is called a misrepresentation.
2. If the misrepresentation is fraudulent, they commit the tort of deceit.
A person commits the tort of deceit if:
1. They make a statement of fact to another person knowing that it is false; and
2. They make the statement with the intention that it be relied upon by the
other person; and
3. The other person relies upon the statement; and
4. The other person suffers harm as a result of relying upon the statement.

Tort of Deceit
Case Bisset v Wilkinson (1927)
- Statement made was about the number of sheep a farm
could hold.
- HELD: Not liable. Statement was an opinion honestly
and reasonably held.

Remedies to Torts
• The primary purpose of tort liability is to compensate the person who is injured by
making the person at fault pay for the damage they have caused.
• Notions of punishment generally have no place in an award of tortious damages.
• The objective of the award is to place the person injured in the position they would
have been had the tort not been committed.
• In other words, the objective is to restore the injured person, so far as money can
do so, to their original position.

Injunction
• A court order whereby a person is required to do or refrain from doing certain acts.
• It will be an appropriate remedy if the person is committing a tort on an ongoing
basis, such as nuisance, trespass or defamation.
• Failure to comply with an injunction results in civil or criminal penalties.
Damages
• Purpose: compensate the plaintiff for the loss or injury suffered as a result of the
defendant’s harmful conduct.
• Assessed ‘once and for all’ – Plaintiff cannot return to court again seeking more
compensation – so its necessary to estimate future losses resulting from the harmful
conduct.