Trespass

0.0(0)
Studied by 0 people
call kaiCall Kai
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
GameKnowt Play
Card Sorting

1/3

encourage image

There's no tags or description

Looks like no tags are added yet.

Last updated 9:24 AM on 5/1/26
Name
Mastery
Learn
Test
Matching
Spaced
Call with Kai

No analytics yet

Send a link to your students to track their progress

4 Terms

1
New cards

Battery

  • Intentional and direct application of unlawful force to another person (CJA 1988 s.39)

  • D must violate C’s bodily integrity

  • Broad: DPP v K leaving acid in a hand dryer counts as unlawful touching, Haystead v CC of Derbyshire: hit 3rd party who was holding a baby, baby was dropped: battery against woman and baby

  • Consent as a defence: not all touching is unlawful blake v galloway sports

  • Self defence: only where D’s belief in need for self defence is reasonable (Ashley v CC sussex police)

  • Provocation NOT a defence

2
New cards

Assault:

  • Directly and intentionally causes C to anticipate imminent battery 

  • Must cause C to reasonably anticipate imminent battery but does not need to be fearful

  • Includes near future and mere words (R v Ireland)

3
New cards

False imprisonment:

  • D directly, intentionally and unlawfully imprisons C by restraining freedom of movement

  • Tort protects against "the violation of the right of personal liberty" (Blackstone Commentaries)

  • Absence of reasonable escape route (Bird v Jones)

  • Exception: police if acting within scope of duty (necessary and proportionate to protect public interest)

4
New cards

Types of trespass:

  • Battery

  • Assault

  • False imprisonment

  • Intention to bring about consequences, aware of risk and takes it anyway