LAW 1507 Lecture Notes - Lecture 1: William Blackstone, False Imprisonment, Self-Defense
23 May 2018
School
Department
Course
Professor
Torts law
Redeemable first assignment for tort
Intentional Torts: Trespass to the Person
Battery- Plaitiffs Iterferee ith soeoes perso
3 elements to battery
• Must be direct physical act, must arise from something that the defendant has done.
• Interfering with the person of the plaintiff
• Accompanied by fault (or intention)
**Fault does not equal moral culpability (does not have to be on purpose)**
Must the act be intentional to constitute battery?
• Yes, the act must be intentional or reckless. No need to intend harm
Does the plaintiff need to be aware of the battery?
• No (unauthorised touching whilst under anaesthetic would constitute a battery)
Can the exceptionally timid person claim for assault?
• Not unless the apprehension of imminent contact is reasonable
Can there be a battery without an assault?
• Yes, it can be unexpected contact
Can there be an assault without a completed battery?
• Yes, there could be a threat that is not concluded or a third party
could intervene
Does the plaintiff need to be aware of the assault?
• Yes, of the three intentional torts this is the one that requires an
awareness as it is the essence of the tort
Does the plaintiff need to be aware of the false imprisonment?
• No, what matters here is the interference with the freedom of
movement. Of course, damages would be limited.
Scott v Shepherd (1773) 2 W Blackstone
Defendant threw a light in the crowd, was thrown from one person to another to another
until it hurt the plaintiff.
Whiles it ast diret, hoeer the ijury arose fro the origial at.
Reynolds v Clarke (1726) 1 Strange 634:
Neglicane arose from an example where someone left a log on the floor and later on the
horse stumbled on it. This is neglicance fro that soeoe. Hoeer, trespass is if he
threw the log directly in front or to the horse.
Assault- Plaitiff’s peace of id is iterfered
False Imprisonment- Plaitiffs lierty (“oeoes persoal freedo to oe is iterfered
Intention: This is a subject state of mind. If the consequences of an act are desired or
substantially certain to the follow- the common law concludes that they were intended.
There is no need to intend harm: A doctor who treats a patient without consent will be
liable in trespass, even though it was done with good intent
Voluntary:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
3 elements to battery: must be direct physical act, must arise from something that the defendant has done, accompanied by fault (or intention) **fault does not equal moral culpability (does not have to be on purpose)** Interfering with the person of the plaintiff: yes, the act must be intentional or reckless. Does the plaintiff need to be aware of the battery: no (unauthorised touching whilst under anaesthetic would constitute a battery) Can the exceptionally timid person claim for assault: not unless the apprehension of imminent contact is reasonable. Can there be a battery without an assault: yes, it can be unexpected contact. Can there be an assault without a completed battery: yes, there could be a threat that is not concluded or a third party could intervene. Does the plaintiff need to be aware of the assault: yes, of the three intentional torts this is the one that requires an awareness as it is the essence of the tort.
