2 - Tresspass to the person

Source: Unlocking Torts

Following is the summary of this chapter:

1) Introduction - Understand the legal meaning of a) direct b) foreseeable c) injury d) intentional e) actionable per se

2) Components of tort - (a) Assault (b) Battery (c) False imprisonment

3) Assault - Ingredients: (a) Direct and intentional (b) Conduct (c) Reasonable fear; Defences: (a) Lawful authority - see s63 of Mental Health Act 1983 (b) Consent - see the important case of Ms B v NHS Hospital Trust and Airedale NHS Trust (c) Necessity (d) Parental authority (e) Self defence

4) Battery - Ingredients: (a) Intention (b) Direct - see the case of Nash and Innes(c) Touching - see the case of R v Brown; Defences: same as assault

5) False Imprisonment - Ingredients: (a) Restraint - see the Meering and Murray case (b) Intention is not required (so strict liability tort - see the case of R v Brockhill Prison); Defences: (a) Reasonable condition for release (b) Lawful arrest (c) Medical purpose

6) Intentional indirect harm and protection from harassment - Protection from Harassment Act 1997