Trespass to Person - Actions for Assault or Trespass to Person

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