LAW 1507 Lecture Notes - Lecture 4: Arbitrary Arrest And Detention, Lifesaving, Implied Consent
30 Jun 2018
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TORTS TUTE 1 WEEK 4
INTENTIONAL TORTS TO THE PERSON
In DeZwart Textbook
Trespass to the person including assault, battery, false imprisonment
Requires direct invasion of plaintiff’s interest and fault on the part of the defendant
for invading
Intentional or deliberate act
Property and possession of goods- Trespass, Conversion and detinue
An intentional tort may entitle the plaintiff to a greater award of damages
Battery- Intentional or negligent act of defendant which directly causes physical
interference with the body of the plaintiff without lawful justification (pg. 56)
Battery “always involves the absence of lawful justification” pg.59
Lack of consent does not necessarily mean that an action is without justification
e.g. police arrest. ibid.
Dean v Phung- Appellant agreed to dental surgey on the misrepresentation that it
was necessary. However the procedure “was not capable of addressing the patient’s
condition,” therefore the consent was invalid. pg.59
Assault- “The intentional or negligent act or threat of the defendant that directly
places the plaintiff in reasonable apprehension of an imminent physical interference
with his or her person, or the person of someone under his or her control.” (pg.59)
There needs to be a physical or threat of physical interference with someone’s
person
Apprehension- “To anticipate physical interference in the knowledge and
expectation that it will take place.” Fear not necessary but apprehension must be
reasonable. (pg.60)
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Verbal assault may exist when those words “directly raise in the plaintiff’s mind
the apprehension of a physical interference by the defendant” (pg.61)
Conditional threats of assault- Valid providing threat of physical violence is
imminent
False Imprisonment- Total deprivation of liberty even for a limited period of time
and the person imprisoned is suitably restrained either physically or through
coercion
If someone knows that they could be restrained but is not and chooses to exercise
freedom of movement “uninfluenced by the defendant’s actions,” then they have
not been falsely imprisoned (pg. 64)
Total restraint- There must be no reasonable escape root (pg. 65) See example re:
blocking off road Bird v Jones (1845)
False imprisonment- Fault and intention required or have been negligent to create
the false imprisonment
False imprisonment distinguished from battery because “the defendant’s actions
need not have a physical effect upon the plaintiff’s person.” (pg. 67)
False imprisonment as a form of trespass so follows similar protocols
If the plaintiff consent’s to arrest for a set period of time but is not let out when that
time expires it is false imprisonment (pg. 69)
Remedies- Nominal damages, compensatory, aggravated and exemplary.
Purpose of exemplary damages- To demonstrate the courts “disapproval of the
defendant’s conduct” and to punish, deter and to make the victim feel as though
their grievance has been addressed
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Document Summary
Trespass to the person including assault, battery, false imprisonment. Requires direct invasion of plaintiff"s interest and fault on the part of the defendant for invading. Property and possession of goods- trespass, conversion and detinue. An intentional tort may entitle the plaintiff to a greater award of damages. Battery- intentional or negligent act of defendant which directly causes physical interference with the body of the plaintiff without lawful justification (pg. Battery always involves the absence of lawful justification pg. 59. Lack of consent does not necessarily mean that an action is without justification e. g. police arrest. ibid. Dean v phung- appellant agreed to dental surgey on the misrepresentation that it was necessary. However the procedure was not capable of addressing the patient"s condition, therefore the consent was invalid. pg. 59. There needs to be a physical or threat of physical interference with someone"s person.
