Law of Torts Briefs

Bradford Corporation v. Pickles

Court: House of Lords

Year: 1895

Principle(s): Damnum Sine injuria: An action in tort cannot arise if there is no infringement of a legal right despite the existence of harm.

Letang v Cooper

Court: Court of Appeal

Year: 1965

Principle(s): An action for trespass to the person can only be brought for intentional torts.

Stephens v Myers

Court: High Court

Year: 1830

Principle(s): An action constitutes an assault if there is a means of carrying out the threat into effect, and not actually carrying out the threat

Tuberville v Savage

Court: Court

Year: 1669

Principle(s): Words accompanying an act can negate an assault; For an act to constitute an assault, there should be an intention to cause harm or injury.

Miller v. Attorney General

Court: High Court

Year: 1975

Principle(s): 1. What amounts to assault: An act that puts another in reasonable fear or apprehension of immediate battery; 2. What does not amount to assault: Rudeness, without more, does not amount to assault; 3. What amounts to battery: A direct and intentional application of physical force to the person of the plaintiff by the defendant.

Cole v Turner

Court: Court

Year: 1704

Principle(s): Touching another in anger constitutes battery; Or anger/aggression is necessary for a touch to constitute battery.

Innes v. Wylie

Court: Court

Year: 1844

Principle(s): An omission does not constitute a trespass. An action is required

Thomas v National Union of Mineworkers

Court: Court

Year: 1986

Principle(s): For an act to constitute assault, it must be possible to carry out physical violence

Cockroft v. Smith

Court: Court

Year:

Principle(s): First, revenge does not amount to self-defence. Secondly, the force used in self-defence must be proportionate and reasonable.

Christopherson v. Bare

Court: Court

Year: 1848

Principle(s): An assault must be an act done against the will of the party assaulted: and therefore it cannot be said that a party has been assaulted by his own permission or consent

Hegarty v. Shine

Court: Court

Year: 1878

Principle(s): Consent as a defense to an action for trespass to the person.

Read v Coker

Court: Court

Year: 1853

Principle(s): A conditional threat which causes a reasonable apprehension of harm would constitute an assault

R v St George

Court: Court

Year: 1840

Principle(s): An otherwise empty threat may constitute an assault if there is reasonable apprehension of harm.

F v. West Berkshire Health Authority

Court: House of Lords

Year:

Principle(s): 1. Generally, it constitutes trespass to touch or perform an operation on a person without his consent. 2. However, in instances where a person is unable to consent, he or she may be touched or operated on if doing so is in his or her best interest. 3. A touch does not have to be hostile to constitute battery. Per Lord Goff, "A prank that gets out of hand, an over-friendly slap on the back, surgical treatment by a surgeon who mistakenly thinks that the patient has consented to it, all these things may transcend the bounds of lawfulness, without being characterised as hostile."

Scott v Shepherd (Flying squib case)

Court: Kings Bench

Year: 1773

Principle(s): Direct act of the defendant as a constitutive element of battery

Fisher v. Carrousel Motor Hotel, Inc

Court: Court

Year:

Principle(s): Battery; A touch with any object to which the defendant is intimately attached constitutes physical touch of the plaintiff.

Collins v Wilcock

Court: Court

Year: 1984

Principle(s): 1. Any touching of another person, however slight, may amount to battery. 2. Battery is not only committed when the action is ‘angry, revengeful, rude, or insolent’. A peaceful touch may amount to a battery. 3. It does not amount to a battery if children are reasonably punished. 4. It does not amount to a battery if one uses reasonable force in self-defense or to prevent a crime. 5. A general defense to an action for battery is consent. This may be express or implied. 6. Bodily contacts in ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact.

Davidson v. Chief Constable of North Wales

Court: Court

Year: 1994

Principle(s):

Herd v Weardale Steel Coal & Coke Co Ltd

Court: House of Lords

Year: 1915

Principle(s): If the defendant fails to facilitate the exit of the plaintiff in another way than earlier contemplated by the plaintiff and defendant, the defendant is not liable for false imprisonment.

Bird v Jones

Court: Queen's Bench

Year: 1845

Principle(s): For false imprisonment, there must be a total restraint on the plaintiff. If the plaintiff has a reasonable means of escaping, there shall be no false imprisonment.

Robinson v Balmain New Ferry Co Ltd

Court: Court

Year:

Principle(s): When a person enters an agreement that stipulates the terms of entry or exit from a premises (the wharf in this instance), it does not amount to false imprisonment if he is prevented from exiting the premises contrary to the terms of the agreement.

Wutah Offei v. Danquah

Court: Privy Council

Year: 1961

Principle(s): To maintain an action in trespass, one needs to be in possession of the land. Ownership is not the deciding factor. Establishing possession of land does not require one to take active steps such as enclosing the land or cultivating it. In the case of vacant and unenclosed land which is not being cultivated there is little which can be done on the land to indicate possession. In establishing possession against a person who never had any title to the land, “the slightest amount of possession would be sufficient.”

Oshodemirim v. Tetteh

Court: Court of Appeal

Year: 1973

Principle(s): 1. The mere possession of land is sufficient to maintain trespass against anyone who cannot show a better title. 2. In a trespass action, an averment of ownership is consistent with, and amounts to an averment of possession. Ownership may be proved by proof of possession.

Robson v. Hallet

Court: Court

Year: 1967

Principle(s): 1. A person who is on land by the leave and licence of the person who has possession of the land is not a trespasser. 2. A person who is on land in the exercise of an independent right to proceed on the land is not a trespasser. 3. When the licence of a person is revoked, reasonable time must be given to the person to leave the land.

Hurst v. Picture Theatres Ltd

Court: Court of Appeal

Year: 1915

Principle(s): 1. The licence of a contractual licensee cannot be revoked. 2. A person with a licence to be on a land is not a trespasser. The plaintiff's licence was not revoked, and he could not be considered a trespasser.

Bernstein of Leigh v. Skyviews General Ltd

Court: Court

Year: 1978

Principle(s): 1. A person has a right to the airspace above the surface of his land, and trespassing on this space amounts to trespass to land. 2. However, an owner’s right to the airspace does not actually extend to the heavens, as literally advanced by the maxim “cujus est solum ejus est usque ad coelum et ad inferos,” but is to be limited to “such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it.”

Caparo Industries Plc v Dickman

Court: House of Lords

Year: 1990

Principle(s): Per Lord Bridge, the following questions ought to be asked to determine if a duty of care exists: 1. Whether the damage caused to the plaintiff was reasonably foreseeable. 2. Whether the parties are in a relationship of proximity. 3. Whether it is fair, just, and reasonable to impose a duty of care on the defendant.

Donoghue v Stevenson

Court: House of Lords

Year: 1932

Principle(s): A duty of care is owed to persons who are in close proximity to be affected by our acts.

Home Office v Dorset Yacht Co Ltd

Court: House of Lords

Year: 1970

Principle(s): Duty of care: neighbor principle, reasonable foreseeability of harm.

Anns v Merton London Borough Council

Court: House of Lords

Year: 1978

Principle(s): Anns two stage for duty of care.

Grant v Australian Knitting Mills

Court: Privy Council

Year: 1936

Principle(s):

Halley v London Electrical Board

Court: Court

Year: 1965

Principle(s): Duty of care: reasonable foreseeability of harm.

Haynes v Harwood

Court: Court

Year: 1935

Principle(s): Duty of care owed to rescuer

Cutler v United Diaries

Court: High Court (KB)

Year: 1933

Principle(s): Voluntary assumption of risk, no duty of care; If the acts of the defendant no longer pose a danger to others, a person attempting to get rid of the dangerous situation is not owed a duty of care

Baker v T.E Hopkins

Court: Court of Appeal

Year:

Principle(s): Duty of care owed to third party rescuers.

Chadwick v British Railways Board

Court: Court

Year: 1987

Principle(s): Duty of care owed to rescuer

Halaby v. Halaby and Others

Court: Supreme Court

Year: 1961

Principle(s): A person against whom an action for trespass was brought must have acted voluntarily, not involuntarily or accidentally.

DR. E.L.A. Chinbuah, Captain J.K. Nyamekye v. The Attorney General

Court: High Court

Year: 2016

Principle(s): Vicarious liability; basis of liability in tort; medical negligence.

Forson v. Koens

Court: Court

Year: 1975

Principle(s): 1. All who procure trespass to be done are trespassers themselves. 2. Trespass to chattel is an intentional interference with a chattel in the possession of another. 3. The plaintiff in an action of trespass must, at the time of the trespass, have the present possession of the goods, either actual or constructive, or a legal right to the immediate possession. 4. Once there is interference with goods without lawful justification, such as in the present case, the tort of trespass to chattel may be held to be committed.

Mouse’s case

Court: Court

Year: 1608

Principle(s): Principle of necessity as a defence to trespass

R v Williams

Court: Kings Bench

Year: 1923

Principle(s): Consent procured by deceit is not valid to serve as a defense in an action for trespass to the person

Kelsen v. Imperial Tobacco Co. Ltd

Court: Court

Year: 1957

Principle(s): Trespass to land includes trespass to the space above the solid surface of the land (the airspace).