Assault, Battery And False Imprisonment Case Study Law Of Torts Case Studies

1793 words - 8 pages

Assault, Battery, False Imprisonment and Harassment Act 1997 Cases and Application
Assault
Case: Turberville v Savage [1669]
Facts: D held his hand on the sword and said if the judge is in town, he would not strike C with his sword
Judgement: (Held No Assault) The Court held that an assault requires both (1) the intention and (2) the act of assault. Even an act of, for example, striking a man, without an intention to assault, does not constitute an assault.
Principle: An intentional tort of assault requires the intention and the act combine together
Case: Read v Coker
Facts: C failed to pay rent to D, D brought several workers in and they rolled up their sleeves and said if C not leaving, they will break C’s neck
Judgement: (Held Assault)
BYLES SERJT: An assault is an attempt or offer, by force or violence, to do a corporal hurt to another, as, by pointing a pitchfork at him, when standing within reach; presenting a gun at him; drawing a sword and waving it in a menacing manner. But no words can amount to an assault.
JERVIS CJ: require gesture accompany with what he said
Principle: An Assault requires a display of force (Where there is an attempt to commit a battery but this was prevented then it may still amount to an assault if the party threatened is put in fear of a possible battery.)
For an assault to occur it is generally accepted that the defendant must perform some form of active behaviour.
Case: Stephen v Myers
Facts: D made a violent gesture at the C by waiving a clenched fist, but was prevented from reaching C by the intervention of third parties. The defendant was liable for assault.
Judgement: (Held Assault)
Tindal CJ: It is not every threat, where no actual physical violence, that constitutes an assault. There must, in all cases, be the means of carrying the threat into effect.
Liable for assault on the basis that he was advancing towards Stephens with intent of harming him/beating him to death with his chair.
Principle: If the defendant makes an immediate threat towards the claimant, but cannot carry out the action due to a third party stepping in as a barrier, the defendant may still be liable for assault.
Case: Collins v Wilcock
Facts: (Not really matters) Police grabbed C’s arm and got stretched (C use self-defence and the police has act outside her duty) (this is a battery case however the speech from Lord Goff may help for understand)
Judgement:
Lord Goff: An Assault is an act which causes another person to apprehend the infliction of immediate, unlawful force on his person.
Principle: a Clear principle provided from Lord Goff’s judgement hence is realised the assault is an objective test where it is up to C to prove that he interpreted D’s act was the immediate act apply on him.
Case: Thomas v National Miners’ Union
Facts: mine worker on strike, C tries to get in while the strike was monitored by police, C attempted to sue the NUM for assault
Judgement: (Held No Assault)
It narrowed the law, as a threatening act had to give...

Other Essays On Assault, battery and false imprisonment case study - Law of torts - case studies

Nutrition and health - case study - Nutrition and health - Case study

2434 words - 10 pages participant that will be researched in this case study is a female, aged 47. These are both non-modifiable risk factors that can contribute to certain health outcomes, this is evident through age as people get older they become more at risk of developing different health issues such as CVD, for example only 35% of individuals aged 55-64 reported a long-term heart problem, which increased to 66% of individuals aged 75 and over (Australian Bureau of

Case Study

967 words - 4 pages Case Study AnalysisKelly KirklandComm/215September 12, 2014Colette Wanless-SobelThesis:Carl At ABC Inc, has run into problems at his job as a recruiter. Carl has a lack of organizational skills, leading ability, planning, time management, and controlling. I am going to discuss Carl's problems and solutions to those problems.Background:Carl Robins is the new campus recruiter at ABC Inc. He has hired 15 new trainees to work under Monica Carrolls

Case Study Of Diferences Between US And UK Accounting

3885 words - 16 pages law over certain issues but where it does so, true and fair will take priority over take of the 1985 act. This is to say that the UK seems to rely less on direct literature, standards and requirements in their presentation of financial reports. This is also not to say that they are less 'accurate' or valid in any way but simply that this is what is required of UK audits. An example in the Marks and Spencer report of the true and fair view

"PQI: Management of Suppliers" Case Analysis - Purchasing and Supply Management - Case Study

666 words - 3 pages Logan McShane OSCM 4080 – Case Study 28 February 2019 This case details how two leading companies in the automotive manufacturing industry, Toyota and Honda, develop close-knit and sustainable relationships with their supply base. These two companies have outperformed and outscored their competitors for years due in large part to the strategy they have implemented to build relationships with their most important suppliers. The supplier

Case analysis HR about cloud companies and its internal communication - city university of seattle - case study

1902 words - 8 pages Livia Tanacova Case analysis Strategic Management of HR 23.02.2018 Company Background International Business Machines, also known as IBM, is multinational technology corporation founded in 1911, in New York. The company was in the past focused on hardware production, however, nowadays it is focused mainly on services. IBM is the only company that can provide a client with cloud and security without subcontractors. The HR issue of IBM ISC in the

HealthSouth: A Case Study Of Business Ethics

1717 words - 7 pages HealthSouth were accused of account fraud, giving false impressions of the company's financial status to meet the Wall Street's expectations. As a result, Richard is working diligently to clear his name of the accusations being made against him in connection with the alleged fraudulent activities of HealthSouth. He also "focuses on the real-estate development business, Marin, Inc., and assists his wife Leslie with her company, uppseedaisees

case study for zappos case study submitted to fanshawe college for the month of september 2018 - fanshawe - case study

815 words - 4 pages Zappos Case Study Principles of Operations Management MGMT-6092-(01-02)-18F By Dhruthirmayee Inampudi (0855281) · Draw and describe the customer benefit package that Zappos provides. Goods? Services? Digital Content? Who manufactures the physical goods? Who is responsible for the quality and delivery of the physical goods? Answer: One of the company’s core values is that “Deliver WOW through service”. They offer 365 days free shipping in both

Allan and Damien case law analysis - UCD - Assignment

2343 words - 10 pages agreement with Bernard, Damien and his sister Charleen for the purpose of selling his book. In the mentioned scenario, it is a case of misrepresentation. Allan posted on Facebook that he wishes to sell his book along with the original notes, however, later; he purchased the same book from the bookshop and sold it to Damien. Distortion refers to false explanation of the actual fact that is made by one party to another party making such a spontaneous

case study one case study one case study one - case - case

584 words - 3 pages ID 247585 Cambridge College Master of Business Administration Case Study Elon Musk is in an Empire State of Mind Andrii Bilinets Course Number: MMG-511.CA02 Foundations of Management Professor: Stephen Lyons Fall 2017 Being a great inventor nowadays Elon Musk facing many challenges running and managing SolarCity. Preparing SolarCity to make it’s own solar panels Musk facing such challenges as: first of all, competition with Chinese solar panels

Alan Case Study that describes what is wrong and what is right - Business administration - Case Study

554 words - 3 pages Case Study #2 Describe 2-3 major issues/challenges from this case study. There are many issues that seemed like a red flag in this case study. The first major issue is that the owner Fred, felt the need to switch up clothing attire requirements with existing employees whom he didn't consult with to get they're okay and see how they feel about the clothing thats required for work. He goes with and chooses revealing uniforms for the waitresses in

Maternal Mortality Rates in the United States Case Study - Public Health Policy and Decision - Case Study

1010 words - 5 pages Maternal Mortality Rates in the United States Case Study Public Health Policy / Decision Making Natalie Sepulveda Problem Statement How can the United States improve the maternal mortality rate (MMR) from one of the highest compared to other industrialized countries? Background According to the CIA, in 2015, the MMR of the United States ranks 138 out of 184 countries with 14 deaths per 100,000 live births compared to Greece (184), Iceland (183

Similar Papers

International Trade Law Case Study

1972 words - 8 pages BTX 9190 International Trade Law Question 1 The issue is whether Strongbow Pty Ltd can sue Korean Airline for the damage of the goods and the value of any compensation which may result from such an action. Did the Montreal Convetion apply? Before 2008, The Civil Aviation (Carrier's Liability) Act 1959 (Cth) incorporated into Australian law the

Walt Disney Case Study And Analysis Legal Studies Waterloo University Case

1539 words - 7 pages Disney case provides our first close look at how diversified, multi-business organizations create a corporate advantage. Questions 1. Why has Disney been so successful for so long? “The Walt Disney Years, 1923-1966”and “The Post-Walt Disney Years, 1967-1984” The company pioneered ideas in film and ultimately would use its brand as a producer of family-style entertainment to further expand into other media outlets. Additionally, the company attempted

Kmart Business Studies Hr Case Study James Ruse High Essay

1502 words - 7 pages ) Future Skills Offsite (formal) Current Skills HSC Business Studies Danny Chen 3 on their perception of Kmart and will encourage loyalty and repeat business rather than buying from competitors like Big W or Target. Ultimately, this is a clear indicator of business success as more skilled employees are vital to meeting the needs of customers and prevent the loss of sales if a customer

Case Study Of Com Syst Technologies Management, People And Teams Case Study

3879 words - 16 pages challenges. With the help of our talented members, put a Case Study together that guarantee positive changes within the company through utilizing techniques to attract and retain key talent of the company, creating a high-performance team and developing the capability of the company staff. CST is a multinational communication software and systems developer company serving the defense and emergency services industry. However, the worldwide company