Professional Documents
Culture Documents
Intentional Trespasses
Intentional Trespasses
Person
Goods
Land
Battery
Assault
False Imprisonment
Trespass to Land
Trespass to Goods
Conversion
Detinue
Direct
Direct
Direct
Direct
Direct
Intentional
Intentional
Intentional
Intentional
Intentional
Contact w body
Act or threat
Touches
Without Permission
End.
Intentional Torts
Intentional
Intention to do harm
deliberate
Doing something without considering consequenves Not taking enough care to prevent foreseeable harm occurring
reckless
negligent
Direct
Immediacy if action
Directness of act
Battery
Intentional
Direct
Not necessary body to body, missiles and indirect contact are sufficient
Rv Cotesworth (1704)
A touch in anger
Hostility
End
Assault
Intention to create an apprehension of imminent harm =/ intent to follow through
Intentional
Direct
Act or threat
R v Ireland [1998]
Focus is on the mind of P (assumed to be a reasonable person), not on the mind of D Imminence/ immediacy is important i.e. That the threat be unavoidable.
Apprehension
NB: there must be an apparent (in the mind of P) ability of D to fulfil threat
End
False Imprisonment
Intentional
Direct
Act or threat
R v Ireland [1998]
Focus is on the mind of P (assumed to be a reasonable person), not on the mind of D Imminence/ immediacy is important i.e. That the threat be unavoidable.
Apprehension
NB: there must be an apparent (in the mind of P) ability of D to fulfil threat
End