Trespass to Person - Actions for Assault or Trespass to Person
Essay by people • September 24, 2011 • Essay • 461 Words (2 Pages) • 1,510 Views
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trespass to person and the defences that are available
ACTIONS FOR ASSAULT OR TRESPASS TO PERSON
Definition
"physical harm inflicted by direct means"
3 types:
(a) Assault
(b) Battery
(c) False imprisonment
(a) Assault
D intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence
- does not have to be hostile , rude or aggressive;
- apprehension sufficient, no need that the is actually applied;
- must be unlawful force .
(b) Battery
D inflicts unlawful personal violence against the victim
- no requirement for victim to apprehend an attack;
- defences:
o consent of victim (Chatteron v Gerson)
o self-defence (Cockcroft v smith)
o defence of property (Green v Goddard)
o necessity (F v West Berkshire Health Authority)
(c) False imprisonment
The infliction of a bodily restraint which is not impliedly/expressly authorised by law
- irrelevant whether victim knew he was being detained;
- victim must be totally restrained.
ACTIONS FOR ASSAULT OR TRESPASS TO PERSON
Definition
"physical harm inflicted by direct means"
3 types:
(a) Assault
(b) Battery
(c) False imprisonment
(a) Assault
D intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence
- does not have to be hostile , rude or aggressive;
- apprehension sufficient, no need that the is actually applied;
- must be unlawful force .
(b) Battery
D inflicts unlawful personal violence against the victim
- no requirement for victim to apprehend an attack;
- defences:
o consent of victim (Chatteron v Gerson)
o self-defence (Cockcroft v smith)
o defence of property (Green v Goddard)
o necessity (F v West Berkshire Health Authority)
(c) False imprisonment
The infliction of a bodily restraint which is not impliedly/expressly authorised by law
- irrelevant whether victim knew he was being detained;
- victim
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