8/9/2019 Law of Torts (Trespass to Person)

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TORT LAW – TRESSPASS TO THE PERSON

• ASSAULT

It is an intentional act that causes another person

reasonably to apprehend immediate violence to

their person.

Essentials:

There must be a threat of immediate violence. If

the threat of violence is not immediate there is no

assault.

Thomas v National Union of Mineworkers !"#$%&

The defendant must be able to carry out thethreat. If the defendant cannot do so the threat of

violence is no immediate and therefore it 'ould

not amount to assault.

Stephens v Myers !"$()&

Even if the threat of voilence is prevented or

th'arted there can still be an assault. As lon* as

the act of the defendant causes a reasonable

appprehension of fear of immediate violence

there is an assault.

Even if the act of the defendant is not threatenin*

it can still amount to assault if it is accompanied

 by threatenin* 'ords. E*+ sho'in* a ,nife to

another person and sayin* -our money or your

life/.

Words alone may be an assault. E*+ sayin* -I0ll

,ill you/.

At the same time 'ords may ne*ate an act from

 becomin* an assault.

Turbeville v Savage !"11#&

00If it 'ere not assi2e time I'ould not ta,e such

lan*ua*e from you.00

The intention to actually use the threatened

violence is not a re3uirement. As lon* as the

defendant had the intention to cause fear to the

 plaintiff his acts can be assault. E*+ 4ointin* a

fa,e *un to another person.

• BATTERY

It is a direct and intentional application of

force to another person 'ithout that person0sconsent.

Essentials:

The physical contact must be un'anted by the

 plaintiff.

05orce0 does not mean violent force. Any

 physical contact 'ith the claimant0s body or

clothin* bein* 'orn at the time is considered

as force.

 Nash v Sheen !"#%(&

 B v An NHS Hospital Trust  !6))6& !mentioned

in R v Chief Constable of evon an! Cornwall

 – 0an un'anted ,iss may be battery0 facts of

the case are not entirely relevent.&

There is no re3uirement of violence.

There is no re3uirement of in7ury to the

claimant.

The defendant must have intended to cause the

 physical contact. If the act is not intentional it

is not a battery – "etang v Cooper !"#1%&

It does not matter if the claimant is not the

intended 00tar*et0 –  "ivingstone v Minister of

 efen#e !"#$8&

8/9/2019 Law of Torts (Trespass to Person)

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TORT LAW – TRESSPASS TO THE PERSON

• FALSE IMPRISONMENT

It is the unla'ful prevention of another from

e9ercisin* their freedom of movement. 05alse0means 0'ron*ful0.

Essentials:

The tort is not limited to actually loc,in*

someone a'ay. ompletely deprivin* someone of

their freedom of movement is enou*h even if it is

for a very short time.

The defendant must have prevented the claimant

from movin* in any direction or there must not beany means of escape – Bir! v $ones !"$8%&

If there are other means of escape but

unreasonable it is still false imprisonment.

The false imprisonment must be caused by a

direct and positive act –  Sayers v Harlow Urban

 istri#t Coun#il !"#%$&

The claimant need not ,no' that he 'as bein*

imprisoned at the time –  Meering v %rahame&

'hite Aviation Co( "t!  !"#6)&

;o'ever 'here a person 'as completely

una'are of bein* detained and suffered no actual

harm from it only nominal dama*es 'ould

normally be a'arded. <  Murray v Ministry of

 efen#e !"#$$&