LAW OF TORTS II ROADMAP - Trespass to person

LAW OF TORTS II ROADMAP - Trespass to person - LAW OF TORTS...

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LAW OF TORTS II ROADMAP – Trespass to Person Battery: Onus of proof: Was the act that is deemed to be considered as battery by the D a direct act? ( McHale v Watson ) If yes, proceed. If no, this is not a case for battery, consider assault. Did the act involve some physical contact between the D and P without the P’s consent (expressed or implied)? ( Collins v Wilcock ) If yes, proceed. Also, the direct act can be negligent or intentional. o If D threw an object without the P’s consent, mention Scott v Shepherd. If no, this is not a case for battery, consider assault. Did the D come in contact with the P as a result of social interaction that is gradually acceptable in the ordinary conduct of everyday life? If yes, therefore the conduct is not battery. o Mention Rixon v Star City If no, proceed If battery occurred in any of these situations, give mention to them that battery still occurs as no consent is given If P was asleep Medical treatment Has the D intended or had reckless disregard for or been negligent about the consequences of their own actions, in order words is battery substantially certain to follow? If yes, fault element is met ( Rixon v Star City ), proceed If no, fault element is not met, proceed Exceptions (Collins v Wilcock): Was the P a child facing reasonable punishment? If yes, then reasonable punishment towards a child acts as a complete defence, therefore P is not liable in damages. If no, then consider other exceptions.
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Reasonable force in an arrest: Was there REASONABLE force in an arrest, where the force is considered as battery? If yes, reasonable force in an arrest acts as a complete defence, therefore P is not liable under battery. Also consider whether the force used was REASONABLE. If no (also including that the force was not reasonable), consider other exceptions. Prevention of a crime: Was there REASONABLE action taken in preventing a crime from occurring?
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LAW OF TORTS II ROADMAP - Trespass to person - LAW OF TORTS...

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