LAW1113 Lecture Notes - Lecture 2: Implied Consent, False Imprisonment, Blood Test
Document Summary
Week 2: trespass to the person (cid:894)battery & assault(cid:895) Three main forms of trespass to the person. Innes v wylie: policeman commits no tort if he simply stands, unmoving, in the doorway and makes no positive act to harm plaintiff. Battery: a voluntary and positive act of the defendant which directly and intentionally or negligently results in contact with the plaintiff"s person. T, c & h: (cid:498)the transmission of any force to the body of a person will constitute battery(cid:499). The degree of force need only be nominal. But this can give rise to difficulties. In interacting in everyday life people will necessarily inflict force of some degree or another on each other. There is no need for the infliction of force to be attended by hostility or anger in order for there to be battery (lord goff in in re f)
