Torts Exam Notes
Torts Exam Notes
Intentional Torts
Trespass to the Person
Battery - directly and intentionally (or negligently) bringing about a harmful or offensive contact with the person of another - the ‘body is inviolate, and that any touching of another person, however slight may amount to a battery’ - Rixon - doesn’t have to cause harm - Rixon v Starcity Casino - Collins v Wilcock - no requirement of hostility or anger - Wilson v Pringle - In Re F - exception is made if contact is ‘generally acceptable in the ordinary conduct of daily life’ - Collins – policewoman grabbed a suspected prostitute who then scratched her - acceptable reaction - Rixon – woman put her hand on man’s shoulder to ask him to leave - restraint is generally unacceptable - no excuse that did not mean to cause harm, just sufficient that contact is intended - no intention to cause harm necessary – Rixon, Collins - Fagan – accidentally drove onto policeman’s foot, then refused to back off - became a battery the moment that he realised he was on the foot and refused to move off
Assault - intentionally or negligently creating in another an apprehension of imminent harmful or offensive contact - unique in that the damages are for emotional reaction - the apprehension must be for battery (not negligence, conversion, trespass etc) – Richardson v Rix - doesn’t need an intention to harm - just an intention to create apprehension - apprehension is not fear – a brave person can still expect harm, and hence suffer assault - if the plaintiff know then there is no capacity to cause harm then there is not assault - if the defendant knows the gun is unloaded - unreasonable reaction will normally only be assault if the defendant knows of timidity - Macpherson v Beath - conditional assault - gesture accompanied by words indicating no intent to use force – qualifying threatening gestures with words
Intentional Torts
Trespass to the Person
Battery - directly and intentionally (or negligently) bringing about a harmful or offensive contact with the person of another - the ‘body is inviolate, and that any touching of another person, however slight may amount to a battery’ - Rixon - doesn’t have to cause harm - Rixon v Starcity Casino - Collins v Wilcock - no requirement of hostility or anger - Wilson v Pringle - In Re F - exception is made if contact is ‘generally acceptable in the ordinary conduct of daily life’ - Collins – policewoman grabbed a suspected prostitute who then scratched her - acceptable reaction - Rixon – woman put her hand on man’s shoulder to ask him to leave - restraint is generally unacceptable - no excuse that did not mean to cause harm, just sufficient that contact is intended - no intention to cause harm necessary – Rixon, Collins - Fagan – accidentally drove onto policeman’s foot, then refused to back off - became a battery the moment that he realised he was on the foot and refused to move off
Assault - intentionally or negligently creating in another an apprehension of imminent harmful or offensive contact - unique in that the damages are for emotional reaction - the apprehension must be for battery (not negligence, conversion, trespass etc) – Richardson v Rix - doesn’t need an intention to harm - just an intention to create apprehension - apprehension is not fear – a brave person can still expect harm, and hence suffer assault - if the plaintiff know then there is no capacity to cause harm then there is not assault - if the defendant knows the gun is unloaded - unreasonable reaction will normally only be assault if the defendant knows of timidity - Macpherson v Beath - conditional assault - gesture accompanied by words indicating no intent to use force – qualifying threatening gestures with words