Intentional Tort Essay

Intentional Tort Essay

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This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
Nicole stepped on Caroline mistakenly, which was an unlawful touching. According to Elliott and Quinn there are three elements to this intentional tort; force, direct application and intent which is so in this case. However, according to Croom-Johnson LJ in the case of Wilson v Pringle “the first distinction between two causes of action where there is personal injury is the element of contact between the claimant and the defendant; that is touching of sort. In the action of negligence, the physical contact (where it takes place at all) is normally through by no means always unintended” . In the action of trespass to constitute battery, it is deliberate. Even so, it is not very intended contact, which is tortious. Apart from in acting in self-defence), there are many examples in everyday life where an i...


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...s, Tort Law, (7th edition, Pearson Education Limited 2009)
S. Geoffrey, Tort: Cases and Material, (2nd Edition, London: Sweet & Maxwell 2008)
LEGISLATION
Family Law Reform Act 1969
The Protection from Harassment Act 1997
CASES
Blake v Galloway (2004) ECWA Civ 814
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Collins v Wilcock [1984] 3 All ER 374
Cockcroft v Smith (1705) 2 Salk 642
F v West Berkshire Health Authorities (1989) 2 ALL ER 545
Faulkner v Talbot (1981) 3 ALL ER 468
Lane v Holloway [1968] 1 QB 379
Livingstone v ministry of defence (1984) NI 356, NICA
R v Ireland (1998) AC 147
Robinson v Balmain ferry co (1910) Privy Council
Sidaway v Board of Governor of Bethlem Royal Hospital (1985) 2 W.L.R. 480, HL
Stephens v Myers (1830) 172 ER 735
Sunbolf v Alford (1838) 2 JP 136
Wilkinson v Downton (1897) 2 QB 57
Wilson v Pringle ER 440, (1986)3 WLR 1

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Intentional Tort Essay

- This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes. Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g....   [tags: battery, assault, false imprisonment, case law]

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