Law of Torts Review

These flashcards cover key terms and concepts related to the law of torts, including definitions and examples from case law.

Direct contact

Refers to the physical touching of another person.

Unlawful touching

Must exceed the 'exigencies of everyday life' otherwise consent is implied.

Intention

In tort law, if the injury is inflicted negligently, the cause of action is negligence; injury must be intentional or reckless.

Defences - Necessity

A defense when the action is necessary to act in the best interests of another person during an emergency.

Defences - Consent

Consent can be implied; valid if the patient is informed in broad terms about the procedure.

Defences - Self-defence

Force must be reasonable and proportionate to the threat.

Assault

An act causing another person to apprehend immediate, unlawful force.

False imprisonment

The unlawful imposition of total constraint upon another's freedom of movement.

Wilkinson v Dowton

A wilful act calculated to cause physical harm or recognised psychiatric illness.

Harassment

A course of conduct that amounts to harassment of another, known or ought to be known by the defendant.

Defences - Harassment (S1(3)(a))

Purpose of preventing or detecting crime; must have a rational connection.

Protected characteristics

Attributes such as age, disability, gender change, race, religion, sex, sexual orientation protected under the Equality Act 2010.