BPP Tort Law GDL Revision and Chapter Notes
BPP Tort Law GDL Revision and Chapter Notes negligent cause of injury. An employer can be vicariously liable for an employee who commits trespass. 1) Assault 2) Battery 3) The Rule in Wilkinson v Downton 4) False Imprisonment Actionable per se: without proof of damage and require an act, not an omission Battery “the direct and intentional application of force by D to C without lawful justification”. 1) Intentional a) Letang v Cooper: Negligence is not enough to show intentionality b) Fowler v Lanning: C was shot by D. There would have been no trespass if the shooting was caused unintentionally. c) Innes v Wylle: Must be an act, not an omission. d) Livingstone v MOD: Transferred malice still applies 2) Direct a) Reynolds v Clarke: Includes if someone throws something on a road in someone’s path. b) Fagan v CMP: Did not remove car from policeman’s foot. This was an act, not an omission. c) Dodwell v Burford: D struck a horse that C was sitting on = direct. d) DPP v K: boy hid acid in hand-dryer = direct. 3) Application of Force a) Any physical contact i) Cole v Turner: “the least touch of another in anger is a battery” ii) R v Cotesworth : spitting iii) Nash v Sheen: applying hair dye 4) Hostility a) Wilson v Pringle: “it must be a question of fact” 5) Defences a) Consent i) Express = consent to broad nature and terms of
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