BPP Tort Law GDL Revision and Chapter Notes

Tort Revision Ch 2: Trespass to the Person Trespass to the person is the intentional cause of injury, as opposed to the 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 medical procedure (Chatterton v Gerson) ii)Implied = getting on a tube at rush hour (Re F) iii)R v Tabassum: patient consented to medical exam but D was not medically qualified. Consent invalid. iv)R v Brown: consent invalid for ABH b)Necessity (Re A (Conjoined Twins)) i)the act is needed to avoid inevitable and irreparable evil ii)no more should be done than reasonably necessary iii)the evil inflicted must not be disproportionate to the evil avoi