Trespass to the Person - Assault and Battery

What is assault?

An act that places another person in reasonable apprehension of an immediate battery being committed upon him.

What is the authority for assault and battery?

Dullaghan v Hillen [1957]

(Police battery, words do not constitute an assault)

What is battery?

The direct application of physical contact upon the person of another without his or her consent, express or implied.

What is implied consent?

Said to cover the exigencies of everyday life, embracing all physical contact which is generally acceptable.

Medical cases: right to refuse treatment

Implied consent does not extend to acts which are hostile (Pringle)

What is contributory negliegience?

Applies to reduce the damages awarded to a plaintiff where they acted unreasonably in a manner that contributed to their own injuries.

Can provocation be considered contributory negligence in an action for battery and assault?

Gammel v Doyle

Yes but not if the plaintiff has given false evidence.