Seminar 17 - Tort - Trespass to the Person by Claire Turner

John gets chatting to Norma in a wine bar one John gets chatting to Norma in a wine bar one evening. They both have a lot of wine to drink and both discover that they are film fanatics. At closing time, Norma accepts John’s invitation to come and look over his collection of film and cinema memorabilia, which he keeps in a room on the second floor of his house. On arrival in the room, John lunges at Norma, exclaiming, “If I hadn’t had that last bottle of wine, I know exactly what I’d like to do to you, my dear”. Norma, repelled by his advance, seizes a large brass candlestick (apparently an old film prop) and strikes John with it, causing a gash to his cheek. She then collapses unconscious as a result of the wine she has consumed. John dashes out of the room, closing the door so violently that it is jammed shut. When Norma recovers consciousness about an hour later she tries to attract John’s attention by shouting and banging on the door. John hears her but ignores her. John’s house is built into a hillside. The window of the room where Norma is, which is open, provides access to the garden at ground level at the back of the house. This is the first time Norma has visited John’s house. Discuss whether or not any torts against the person have been committed.

claire43 — 2021-03-02 08:55:30 UTC

Link to Prezi

claire43 — 2023-02-07 12:32:54 UTC

(d) Jeremy points a toy gun at Kate as a practical joke. Kate, who is short-sighted, thinks that the gun is real, and faints, hitting her head on the edge of a table

claire43 — 2026-02-24 11:04:24 UTC

Assault - no force inflicted, but expectation of the application of force?

Would objectively a victim apprehend (expect - R v Lamb) the application of force.

Did toy gun look real? If yes - Logdon v DPP - would still be an assault.

Intentional/reckless point a toy gun at someone.

1) (a) Just as Alice is sitting down in a chair, but before she has made contact with it, Beryl, who has crept up from behind, whips the chair from under her. Alice falls to the ground and sustains a fractured coccyx.

claire43 — 2026-02-24 11:33:14 UTC

Battery - actual infliction of unlawful force (Collins v Wilcock)

DPP v K - causal link.

Intentional? Pulled the chair away intentionally which led to the injury which it wasn't necessary to foresee (Hopper v Reeve)

(b) Charles is asleep on his seat in a cinema. His feet are stretched out, blocking passage along the row of seats. Duncan, who wishes to pass, shakes Charles vigorously by the shoulder. Charles awakes with a start and falls from the seat, sustaining serious injury to his collar bone.

claire43 — 2026-02-24 11:33:43 UTC

Battery - Definition

Intention - direct application

Claimant - Collins - minimal touching

Angry - Wilson v Pringle; Cole v Turner. Liable for the consequences of him falling and injuring himself even if he didn't foresee that happening (DPP v K)

Defence - Deep sleep and blocking the aisle. Collins v Wilcock - 'physical contact which is generally acceptable in the ordinary conduct of daily life'.

(c) While driving his car Edgar is cut up by Freda, who is driving a large lorry. Edgar

claire43 — 2026-02-24 11:34:41 UTC

shakes his fist at Freda, and leans out of the window of his car to shout that he will

‘bloody murder her’. Freda laughs and drives away.

Assault - Fagan - apprehension of immediate unlawful force on a person

Apprehension? Claimant - Shakes his fists and says he will murder her.

R v Wilson - assault

Words alone - R v Ireland

Defence - No immediate danger (Thomas v NUM)

Laughing - she didn't personally apprehend the application of force. Objectively - would this be the case? He is a lorry, she is in a car, he can't carry out his threat (Stephen v Myers)