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Chapter

Cover Tort Law

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.

Chapter

Cover Markesinis & Deakin's Tort Law

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.

Chapter

Cover Lunney & Oliphant's Tort Law

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.

Chapter

Cover Tort Law

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.

Chapter

Cover Street on Torts

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.

Chapter

Cover Concentrate Questions and Answers Tort Law

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.

Chapter

Cover Tort Law Concentrate

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

Cover Concentrate Questions and Answers Tort Law

10. Defamation and Privacy  

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. To answer questions on defamation, students need to understand the following: categories of defamation: libel and slander; what constitutes a defamatory statement: innuendo; defences to defamation: absolute privilege and qualified privilege; the Defamation Act 2013; and offer of amends, Defamation Act 1996 sections 2–4. To answer questions on privacy, students need to understand the following: the nature of privacy; the overlap between the torts of misuse of private information, and other causes of action; trespass; negligence; the Human Rights Act 1998; and the Protection from Harassment Act 1997.