Torts - Trespass to the Person

battery/intentional torts

a battery is an offensive contact with the plaintiff's person

assault

an act that makes someone reasonably fear they are about to be touched in a harmful or offensive way

false imprisonment

the defendant deliberately keeps the plaintiff in a confined space so that the plaintiff cannot leave, and does so on purpose

intentional infliction of distress

the defendant deliberately does something outrageous to the plaintiff that causes them physical injury or a recognised psychiatric illness

battery - requirements

offensive contact - with the plaintiffs person - done with intent

assault - requirements

overt act - causing reasonable apprehension - immediate - intent

false imprisonment - requirements

positive/deliberate act - complete restraint within a bounded area - intention

intentional infliction of distress - requirements

unjustifiable conduct by the defendant - damages amount to physical injury or recognisable psychiatric illness - intent or recklessness

offensive contact - describe

harmful or offensive to a reasonable person

with the plaintiff's person - describe

their body, clothing, or something closely connected

done with intent - describe (battery)

defendant intended the contact itself

overt act - describe

overt act done by the defendant

causing reasonable apprehension - describe

apprehension is expectation and reasonable in the shoes of the plaintiff

immediate - describe

harmful or offensive contact

intent - describe

intent to cause that apprehension

positive/deliberate act - describe

defendant actively does something to confine the plaintiff, not just fail to release, includes conditional threat

complete restraint within a bounded area - describe

no reasonable means of escape

intention - describe

intend or reckless to the confinement of the plaintiff

unjustifiable conduct by the defendant - describe

extreme or outrageous, beyond what society considers acceptable

damages amounting to physical injury or recognisable psychiatric illness - describe

not mere distress or upset

intent or recklessness - describe

recklessness or mere foreseeability is not enough - intention may be inferred where harmful consequences are obvious

battery - cases

Collins v Wilcock - Donselaar - Auck CC v Blundell and Thompson

offensive contact - cases

Wilson v Pringle - Hayward v O'Keefe

with the plaintiff's person - cases

Garratt v Dailey

done with intent - cases

Williams v Humphrey - AG v Vaihu

overt act - cases

Barton v Armstrong - cases

causing reasonable apprehension - cases

none

immediate - cases

Thomas v National Union of Mineworkers

intent - cases (assault)

Surrey v Speedy - T v H

false imprisonment - cases

Hayward v O'Keefe

positive/deliberate act - cases

Robinson v Balmain New Ferry - Herd v Weardale

complete restraint within a bounded area - cases

Bird v Jones - Stent v AG - Meering v Grahame-White

Aviation

intention - cases

Iqbal v Prison Officers Association - Thompson v AG

acc false imprisonment - cases

Willis v AG - Roper v Taylor

unjustifiable conduct by the defendant - cases

Wilkinson v Downton - Stevenson v Basham - Janvier v Sweeney - O v Rhodes - Fielding v McIntyre

damages amounting to physical injury or recognisable psychiatric illness - cases

Bradley v Wingnut Films - O v Rhodes

intent or recklessness - cases

Bradley v Wingnut films - O v Rhodes - ABC v West Health

Collins v Wilcock - auth

fundamental right not to be touched, law can't draw the line

Collins v Wilcock - info

police officer took prostitute's hand

Donselaar - auth

was it battery from the person who suffered the injury

Donselaar - info

brothers fought, hit on head, ACC covered

Auck CC v Blundell and Thompson - info

victims accident was covered by ACC

Wilson v Pringle - auth

objective, offensive to a reasonable person

Wilson v Pringle - info

school kids bullying

Hayward v O'Keefe - auth - offensive contact

honour and dignity

Hayward v O'Keefe - info

cuffs paraded through mall

Garratt v Dailey - auth

closely connected to person

Garratt v Dailey - info

chair was pulled

Williams v Humphrey - auth

act not injury intended, mere trespass

Williams v Humphrey - info

pushed into pool, twisted ankle

AG v Vaihu - auth

mental element requirement

AG v Vaihu - info

dog on leash bit someone

Barton v Armstrong - auth

immediate fear of violence - auth

Barton v Armstrong - info

phone threat

Thomas v National Union of Mineworkers - auth

reasonable the threat would occur immediately

Thomas v National Union of Mineworkers - info

inside a bus

Surrey v Speedy - auth

hostile words not enough, reckless to expect apprehension

Surrey v Speedy - info

daughter against mum

T v H - auth

need intention to cause immediate battery

T v H - info

abuse, threatened to stay quiet

Hayward v O'Keefe - auth - false imprisonment

person right to personal freedom against unlawful restraint

Robinson v Balmain New Ferry - auth

positive act needed, can't be forced to act in benefit of others

Robinson v Balmain New Ferry - info

ferry turnstiles

Herd v Weardale - auth

got himself there voluntarily, not positive act

Herd v Weardale - info

miner and lift

Bird v Jones - auth

keep out is not restraint

Bird v Jones - info

bridge

Stent v AG - auth

freedom to move in country not restraint

Stent v AG - info

covid, couldn't make flight back

Meering v Grahame-White Aviation - auth

don't need to know of restraint in the moment

Meering v Grahame-White Aviation - info

unknown locked door when questioned of stealing

Iqbal v Prison Officers Association - auth

foresaw consequences of actions and did anyways

Iqbal v Prison Officers Association - info

prison guard strike

Thompson v AG - auth

need to prove foresaw or intention

Thompson v AG - info

admin mistake, community service

Willis v AG - auth

not physical is outside ACC

Willis v AG - info

custom detained

Roper v Taylor - auth

held no parallel right for same thing as ACC

Roper v Taylor - info

airforce, sexual assault, locked in car

Wilkinson v Downton - info

joke about husband being dead, wife's hair turned white overnight

Stevenson v Basham - info

physical stress from threat burn house down at night

Janvier v Sweeney - info

pressured for documents, said investigated as being a spy

O v Rhodes - auth - conduct

conduct, directed, no justification or reasonable excuse

O v Rhodes - info

book, wife sued for son

Fielding v McIntyre - auth

justified from defendant's view

Fielding v McIntyre - info

cheating seen in own house

Bradley v Wingnut Films - auth - damages

current authority, more than transient duration or physical

Bradley v Wingnut Films - info

grave stone in horror movie

O v Rhodes - auth - damages

likely follow in future, physical or recognised psychiatric illness

Bradley v Wingnut Films - auth - intent or recklessness

intent could be imputed, and foreseeability is important

O v Rhodes - auth - intent or recklessness

recklessness isn't sufficient

ABC v West Health - auth

consequence is so obvious, you can't say it was unintended

ABC v West Health - info

sexting

defences

consent - lawful arrest s.23 NZBORA - self-defence - preventing crime

limit on self-defence and preventing crime defence

such force as necessary and reasonable under the circumstances

actionable per se - meaning

can claim without actual damage, mere fact can be enough - awarded nominal damages

actionable per se - rights

bodily integrity - personal dignity - individual liberty

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