Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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R v Geddes [1996] Crim LR 894, Court of Appeal
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Murray v Ministry of Defence [1988] 1 WLR 692
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murray v Ministry of Defence [1988] 1 WLR 692. The document also included supporting commentary from author Craig Purshouse.
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Iqbal v Prison Officers Association [2010] QB 732
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.
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13. Intentional interferences with the person
This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).
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13. Intentional interferences with the person
This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).
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R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245. The document also included supporting commentary from author Craig Purshouse.
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8. Intentional Torts
Dr Karen Dyer and Dr Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses intentional torts. It covers key debates, sample questions, diagram answer plans, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: trespass to the person: assault, battery, false imprisonment, the rule in Wilkinson v Downton and the Protection from Harassment Act 1997; trespass to land; trespass to goods and the tort of conversion; and defences to intentional torts: necessity, lawful arrest, consent, and self-defence.
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15. Intentional interferences with the person
This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton [1897] and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.
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11. Intentional torts
This chapter discusses both common law and statute in relation to the torts of trespass to the person: battery, assault, and false imprisonment. These torts have three common characteristics: they are the result of intentional actions, take the form of direct harm, and are actionable per se, that is, without proof of damage. An additional intentional tort is derived from Wilkinson v Downton (1897), the wilful infliction of physical harm upon the claimant by indirect means. This category of intentional harm is also augmented by the Protection from Harassment Act 1997. Defences to the intentional torts are also discussed.
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9. Intentional Interference
This chapter begins with a discussion of the meaning of intentional interference. It then considers assault, battery, false imprisonment, and residuary trespass and harassment. Intentional physical interference with the person may occur by way of an act that threatens violence (assault), amounts to unlawful contact (battery), or constitutes the deprivation of liberty (false imprisonment). There is, in addition, a residuary and uncertain form of liability for the intentional infliction of physical harm, known as the rule in Wilkinson v. Downton. These torts are normally actionable without proof of damage and they also involve a sharp distinction being drawn between an act and an omission: the latter will not normally suffice to ground liability.
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10. Trespass to the person and related torts
This chapter examines the protection afforded by tort law against trespass to the person and infringements of personal interests. It discusses the elements of the torts of battery, assault, and false imprisonment, which all derive from medieval tort law and are characterised by the need for direct interference (but there is no need to prove damage because the torts are actionable per se). Compensation in these cases is for damage suffered and/or the interference with what are considered to be important dignitary interests. The chapter considers also the newer tort of intentional infliction of physical harm and the provisions of the Protection from Harassment Act of 1997.
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11. Trespass to the person and to land
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers engage fully with each subject and check their understanding as they progress. Trespass, one of the oldest torts, takes three forms that are all actionable per se: trespass to the person, trespass to land, and trespass to goods. In each case, a claimant is not required to prove damage to bring an action in trespass. Many modern cases of trespass to the person are taken against the police or other public officials, mainly to vindicate the claimant’s rights rather than to obtain an award of damages in compensation. This chapter focuses on trespass to the person and trespass to land, the former of which involves an intentional infliction of harm without a direct interference.
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11. Intentional torts
This chapter discusses both common law and statute in relation to the torts of trespass to the person: battery, assault, and false imprisonment. These torts have three common characteristics: they are the result of intentional actions, take the form of direct harm, and are actionable per se, that is, without proof of damage. An additional intentional tort is derived from Wilkinson v Downton (1897), the wilful infliction of physical harm upon the claimant by indirect means. This category of intentional harm is also augmented by the Protection from Harassment Act 1997. Defences to the intentional torts are also discussed.
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2. Intentional Interference with the Person
Donal Nolan and Ken Oliphant
This chapter begins with a general section considering the historical background of civil wrongs now classified as intentional interference with the person, along with the relationship between trespass and fault and the meaning of ‘intention’. The remainder of the chapter deals first with the component elements of trespass to the person, namely the torts of assault, battery and false imprisonment, followed by a discussion of the tort of intentional infliction of physical or emotional harm and the statutory cause of action for harassment. The final section deals with the four main defences to the torts discussed in the chapter—lawful arrest and detention, consent, necessity and self-defence.
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2. Torts of Intention
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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11. Trespass to the person and to land
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Trespass, one of the oldest torts, takes three forms that are all actionable per se: trespass to the person, trespass to land, and trespass to goods. In each case, a claimant is not required to prove damage to bring an action in trespass. Many modern cases of trespass to the person are taken against the police or other public officials, mainly to vindicate the claimant’s rights rather than to obtain an award of damages in compensation. This chapter focuses on trespass to the person and trespass to land, the former of which involves an intentional infliction of harm without a direct interference.
