LAW 1507 Lecture Notes - Lecture 1: False Imprisonment, Mattress, Security Guard
23 May 2018
School
Department
Course
Professor
Trespass to the person
Battery
Direct contact (throws something with defendant in control) with Plaintiff
Intention (or regless behaviour) to commit to the act
Does’t eed to e direct harm (For example asleep in bed and someone came and took
you out in the river on your mattress).
Do’t eed to sho daage atioal per sa
**If there has ee otat ith plaitiff do’t ee hae to proe itetio**
Volumetry act (your choosing to do it)
Consent (Fully consent, e.g I consent for you to hit me below the shoulder but then I get hit
above the shoulder that is battery).
Self-defence Defed ourself ut ol i reaso, e.g. a’t pull out a gu o soeoe ho
has a knife).
Batter does’t have to be completed for it to be assault
Assault
You have to have an apprehension that the battery is going to happen either by sound etc.
If you knowingly intimidate someone who is delight, that is assault.
If I tell Indi I am going to her wither I hurt her or not that is assult.
False imprisonment
Got to be a direct act
Someone has to be totally deprived of their freedom (a threat of some description, or you
get told by authority to stay in one spot if they have no authority).
Aaron vs Security guard (Brian and Con
Battery perhaps he had no awareness that he was going to be tapped in the shoulder by
Brian. Battery because it was direct contact, intention).
Use the case Rixon case courts said- It’s ot atter eause of the otet of here he is
the tap of the shoulder was purely and simply to get his attention.
Eplai to Aaro h this is’t atter.
Assault possibly (Aaron v Brian)-
1 side of argument- Could be reasonable because of the history of assault previously. He has
also been asked to never return. (he thought he was going to be battered, therefore he was
assaulted).
2nd side of argument- It was a reasonable contact. A reasonable reason would not think they
would be getting assaulted.
Possible 2nd battery (Aaron v Brian)
Brian helped Aaron up, he touched him to help him up and then he held onto him.
False imprisonment possibly (Aaron v Brian)
Succumbing to his authority because he thought he had no choice. This started because he
suggested he follow him, and was holding onto his harm. He was also held in the office for 2
hours (thinking he had to be there).
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Direct contact (throws something with defendant in control) with plaintiff. Intention (or regless behaviour) to commit to the act. Does(cid:374)"t (cid:374)eed to (cid:271)e direct harm (for example asleep in bed and someone came and took you out in the river on your mattress). Do(cid:374)"t (cid:374)eed to sho(cid:449) da(cid:373)age (cid:894)a(cid:272)tio(cid:374)al per sa(cid:895) **if there has (cid:271)ee(cid:374) (cid:272)o(cid:374)ta(cid:272)t (cid:449)ith plai(cid:374)tiff do(cid:374)"t e(cid:448)e(cid:374) ha(cid:448)e to pro(cid:448)e i(cid:374)te(cid:374)tio(cid:374)** Consent (fully consent, e. g i consent for you to hit me below the shoulder but then i get hit above the shoulder that is battery). Self-defence (cid:894)defe(cid:374)d (cid:455)ourself (cid:271)ut o(cid:374)l(cid:455) i(cid:374) reaso(cid:374), e. g. (cid:272)a(cid:374)"t pull out a gu(cid:374) o(cid:374) so(cid:373)eo(cid:374)e (cid:449)ho has a knife). Batter(cid:455) does(cid:374)"t have to be completed for it to be assault. You have to have an apprehension that the battery is going to happen either by sound etc. If you knowingly intimidate someone who is delight, that is assault.
