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Tort LawText, Cases, and Materials

Tort Law: Text, Cases, and Materials (5th edn)

Jenny Steele
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date: 25 April 2024

p. 332. Torts of Intentionlocked

p. 332. Torts of Intentionlocked

  • Jenny SteeleJenny SteeleProfessor of Law, University of York

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with ‘intentional torts’ and their considerable variation that affects both the required target of intention (what must be intended?) and the required level of intention (what does it mean to intend something?). It first considers the meaning of intention before breaking down the ‘intentional torts’ into a number of groups, the first of which is trespass to the person and its three elements: battery, assault, and false imprisonment. The action in Wilkinson v Downton is discussed, as interpreted by the Supreme Court in OPO v Rhodes (2015), along with intentional economic torts. The chapter concludes by focusing on torts relating to intentional abuse of process (malicious prosecution) and of power (misfeasance in a public office).

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