70311 Study Guide - Final Guide: Contributory Negligence, Nuisance, Detinue
Document Summary
The definition of battery is: direct interference with the person of the plaintiff, via an intentional or negligent act of the defendant, to which the plaintiff did not consent. (use facts to argue whether the act forms battery) Quotes: voluntary , whether act was wrongfully wilful (holmes v mathers) Intention : requires proof of an intention to create in another person an apprehension of imminent harmful contact (rixon v star city, not necessary to prove that defendant intends to carry out threat (acn v chetcuti) 4: lawful justification, consent must be freely given (allen v new mount sinai hospital) Height of airspace is not unlimited limited to such a height as was necessary for the ordinary use and enjoyment of the land and structures upon it(bernstein of leigh v skyviews) An interference is not necessary (lip investments v howard. Chia investments: nature of the physical interference. Intention : intention: deliberate, reckless or negligent act (national coal.
