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Tresspas against the person - Coggle Diagram
Tresspas against the person
Assault
indicate about to harm person with unlawful force and person believes it
Stephens v Myers
asked to leave parish meeting due to rowdy behaviour threatens with fist and words - assault
Tuberville v Savage
said if it were not assize time i wouldn't take such language, place hand on sword - the words used lessened the impact
Read v Croker
threatened
to wring neck, would ordinary person see those words as declaration of intent
R v Ireland
silent phone calls could amount to assault in circumstances where unaware of caller whereabouts
R v St George
threatened with unloaded gun, if victim aware gun not loaded than no assault
Battery
*Cole v Turne
r* bumping into someone in narrow corridor not battery unless done purposely or in rude inordinant manner
Cotesworth
spitting can constitute battery
Collins v Wilcock
police officer grabbed persons arm - held - battery - acting outside power
Dodwell v Burford
hitting a horse so it bucks is battery
intentionally
applies direct force to another without their consent
be voluntary and concious
Hegarty v Shine
gave sex worker an STD, no battery due to her immoral conduct (paid) - likely different if done today
Scott v Shepherd
firework cas, 1st person guilty, 2nd person innocent (self-preservation)
Fagan
tort lasts until ended, drove on foot accidentally left it there which meant it continue
Condon v Basi
in sporting context has to go above and beyond what is expected
False Imprisonment
Hearing v Boyle
mother wanted to remove child from boarding school, headmaster refused due to non payment of fees - not false imprisonment
Robinson v Bahmain Ferry
had to pay 1 pound entering and 1 pound to exist ferry - not allowed leave - not false imprisonment - express term of contract - can leave if pay 1 pound
Brid v Jones
must be complete and unlawful, police stopping plaintiff go through spectator area not false imprisonment
Meering v Grahame White Aviation Ltd
employee detained plaintiff for suspected theft, 2 security guards sat outside room to prevent leaving - security guards involvement meant could no longer move as please - false imprisonment
one person restrains anothers freedom to move and restraint is total (physical force adn actual detention not required)
Dillon v Dunnes
store detectives aggressive in extracting confessions from employees - SC held - excessive, but not authorised by employer so Dunnes not liable
concept
used to be an intenitonal tort
not most developed area of tort law
distinct from criminal law
Scott v Shepard
defendant throws firework, lands at someones foot who throws it away, lands in front of 3rd person, plaintiff sued both - only original thrower had sufficient intention (reckless)
infliction of emotional suffering
Wilkinson v Downton
joke to pregnant woman that her husband in RTA and dead, woman went into shock, died in childbirth - liability imposed - act calculated to cause harm
OP v Rhodes
father famous pianist, wanted to reveal in book as a child sexually abused, wife tried to stop it to protect child from emotional suffering
3 elements
mental element
(if intended to cause severe or emotional distress, if have consequences presumed to have meant it)
i
mpact element
(physical harm or psychological illness)
conduct element
(words or conduct, any reasonable justification)
ABC v West Health
plaintiff groomed by teacher - 3 elements met
no liability - speech not deceptive, threatening or abusive
Ruffley
bullying and harrassment came under
Wilkinson
[Defences]
Consent
conduct can exceed consent
Simms V Rugby Football Club
tackled into wall while playing, had consented to playing rugby and knew risks involved
Hegarty v Shine
consented to sex which caused STD
Corcoran v W & R Jacob
employment contract to be searched, one day missed by guard so security guard lunged at him - court upheld claim against guard not against employer as exceeded contract
Necessity
necessary to protect health and safety of plaintiff
Conjoined Twins Surgical Separation
allowed as saved the life of one twin, both died otherwise (Against wishes of parents)
Leigh v Gladstone
hunger strike, force fed - was allowed as presserving life and health of prisoners
Self-Defence
good defence if reasonable and proportionate
Dullaghen v Hillen
must not exceed grounds of defence and prevention
Cregan v O'Sullivan
plaintiff bit defendant in scuffle who stabbed him with pitch fork repeatedly and broke arm - considered disproportionate by court
Lance v Holloway
argument with neighbour called her 'monkey faced tart' her husband hit him causing 19 stitches - disproportionate
lawful authority
Humphries v Connor
removed flower from top, aim to keep peace, was allowed
contributory negligence
Elmontem v Nethercross and Roganstown Golf Club
assault by fellow employee, even putting middle finger to other in provocative nad agressive manner not considered contributory
Shaughnessy v Nohilly
street fight, 40% contributory negligence as initiated the fight
Gammell v Doyle
after funeral banned from pub previously allowed in, abusing staff, got punched - 50% contributory negligence and also exagerating claim
rescuers
wagner v international railroad - foreseeable person could be injured attempting a rescue
contributory negligence
civil liability act 1961 s34
Boyne v Bus Atha Cliath
drunk