Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Collins v Wilcock [1984] 1 WLR 1172. The document also included supporting commentary from author Craig Purshouse.
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Collins v Wilcock [1984] 1 WLR 1172
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Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684. The document also included supporting commentary from author Craig Purshouse.
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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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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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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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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.
Chapter
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.
Chapter
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.