Study Notes on Law of Torts – UNIT IV
Torts Affecting Body
1. Assault
Definition:
- Assault is an intentional act that causes another person to apprehend an imminent and harmful or offensive contact.
- Example: A person raises a fist and threatens to punch someone; if the victim believes they are about to be hit, it constitutes assault.
Distinguishing Assault from Battery:
- Assault involves creating an apprehension of harm.
- Battery involves actual physical contact.
Case Example: R v. Ireland [1997] 3 WLR 534
- The House of Lords held that silent telephone calls could amount to an assault if they caused fear of immediate harm.
2. Battery
Definition:
- Battery is the actual physical contact with another person that is harmful or offensive without their consent.
- Example: Hitting someone or touching them in a way that is deemed offensive.
Distinguishing Battery from Assault:
- Battery involves physical contact, whereas Assault involves apprehension of contact.
Case Example: Collins v. Wilcock [1984] 1 WLR 1172
- A police officer’s physical contact with a person without consent was considered battery.
3. Mayhem
Definition:
- Mayhem involves the intentional maiming or disfiguring of another person, typically involving the permanent injury to the victim’s body parts.
- Example: Inflicting severe injuries that result in the loss of a limb or significant disfigurement.
Case Example: R v. McFall [1988] 1 WLR 1063
- The defendant was convicted of mayhem for intentionally injuring the victim’s face.
4. False Imprisonment
Definition:
- False Imprisonment occurs when a person is unlawfully restrained against their will, whether physically or through other means.
- Example: Locking someone in a room without their consent.
Defenses to False Imprisonment:
- Consent: If the individual consented to the restraint.
- Legal Justification: Detainment by law enforcement under lawful circumstances.
- Reasonable Force: Use of reasonable force to prevent a crime or ensure safety.
Case Example: Herring v. Boyle [1968] 1 WLR 773
- A teacher locked a student in a room as a form of punishment, which was deemed false imprisonment.
Torts Affecting Reputation
1. Libel
Definition:
- Libel is a defamatory statement made in a permanent form, such as written or published material, that harms the reputation of an individual.
- Example: Publishing false and damaging statements about someone in a newspaper or on social media.
Distinguishing Libel from Slander:
- Libel is in written or permanent form.
- Slander is spoken or in a transitory form.
Case Example: Monson v. Tussauds Ltd [1894] 1 QB 671
- The court held that a defamatory waxwork in a museum was libel.
2. Slander
Definition:
- Slander is a defamatory statement made in a transient form, such as spoken words, which injures the reputation of an individual.
- Example: Making harmful and untrue statements about someone in a conversation.
Distinguishing Slander from Libel:
- Slander involves spoken or non-permanent statements.
- Libel involves written or permanent statements.
Case Example: Sim v. Stretch [1936] 2 All ER 1237
- The court defined slander as any spoken defamatory statement that lowers someone in the estimation of right-thinking members of society.
Torts Affecting Freedom
1. Malicious Prosecution
Definition:
- Malicious Prosecution occurs when someone is wrongfully subjected to a legal process without reasonable grounds, and with malice.
- Example: Filing a baseless lawsuit against someone with the intent to harm their reputation or cause them distress.
Essentials:
- Initiation of Legal Proceedings: The defendant must have initiated or continued the legal process.
- Lack of Probable Cause: The proceedings were without reasonable grounds.
- Malice: The proceedings were driven by improper motives.
- Favorable Termination: The proceedings must have ended in favor of the plaintiff.
Case Example: Gregory v. Duke of Brunswick [1846] 6 QB 373
- The plaintiff succeeded in a claim for malicious prosecution due to wrongful arrest and prosecution.
2. Malicious Civil Action and Abuse of Legal Process
Definition:
- Malicious Civil Action: Initiating a civil suit without reasonable grounds and with the intent to harass or harm.
- Abuse of Legal Process: Misuse of legal procedures to achieve a result not intended by law.
Essentials:
- Improper Use of Legal Process: Use of legal proceedings for an improper purpose.
- Harm: Harm caused to the defendant due to misuse.
Case Example: Sirros v. Moore [1975] QB 118
- The case involved the abuse of process by a judge and provided insights into the misuse of legal procedures.
Torts Affecting Domestic and Other Rights
1. Marital Rights
Definition:
- Marital Rights are the rights and obligations within a marriage, including the right to companionship, support, and sexual relations.
Torts Affecting Marital Rights:
- Alienation of Affection: Unlawful interference with the marital relationship.
- Criminal Conversation: Engaging in sexual relations with someone’s spouse without consent.
Case Example: Pauley v. Pauley [1922] 3 KB 450
- The case discussed the impact of unlawful interference in marital rights.
2. Parental Rights
Definition:
- Parental Rights are the rights of parents to care for, control, and make decisions for their children.
Torts Affecting Parental Rights:
- Interference with Custody: Unlawful interference with the parent’s right to custody and control of their child.
Case Example: Rees v. Darlington Memorial Hospital NHS Trust [2004] 1 AC 309
- The case discussed the impact of wrongful interference on parental rights and child custody.
3. Rights to Service
Definition:
- Rights to Service involve the right to receive or provide services without unlawful interference or discrimination.
Torts Affecting Rights to Service:
- Refusal of Service: Unlawful refusal to provide services based on discriminatory grounds.
Case Example: Higgins v. Senior [1892] 2 QB 42
- The case dealt with the unlawful refusal of service.
4. Contractual Rights
Definition:
- Contractual Rights are rights arising from contractual agreements.
Torts Affecting Contractual Rights:
- Inducing Breach of Contract: Persuading someone to breach their contractual obligations.
Case Example: Lumley v. Gye [1853] 2 E & B 216
- The case involved inducing an artist to breach their contract with a theater.
5. Intimidation and Conspiracy
Intimidation:
- Definition: Intimidation involves threats that induce fear of unlawful harm to compel someone to act or refrain from acting.
- Example: Threatening someone to force them to breach a contract.
Case Example: O’Brien v. McLean [1965] 2 QB 417
- The court discussed the elements of intimidation in the context of tort law.
Conspiracy:
- Definition: Conspiracy involves two or more parties agreeing to commit an unlawful act or a lawful act in an unlawful manner.
- Example: Collaborating to commit fraud or harm.
Case Example: Durham v. R [1902] 2 KB 327
- The case discussed the implications of conspiracy in tort law.
Torts Against Property
1. Defamation
Definition:
- Defamation is the act of making false statements about a person that damage their reputation.
Essentials of Defamation:
- False Statement: The statement must be false and defamatory.
- Publication: The statement must be communicated to a third party.
- Identification: The statement must refer to the plaintiff.
Case Example: Lennard’s Carrying Co. v. Asiatic Petroleum Co. [1915] AC 705
- The case illustrated the essentials of defamation and the impact on reputation.
2. Libel vs. Slander
Libel:
- Definition: Defamation in a written or permanent form.
- Example: Written articles or social media posts that harm someone’s reputation.
Slander:
- Definition: Defamation in a spoken or transient form.
- Example: Spoken words or gestures that harm someone’s reputation.
3. False Imprisonment
Definition:
- False Imprisonment occurs when a person is unlawfully confined without consent.
Defenses to False Imprisonment:
- Consent: The person consented to the confinement.
- Legal Authority: Confinement was under lawful authority.
- Reasonable Grounds: Confinement was reasonable and necessary
Case Example: R v. J [2008] EWCA Crim 704
- The court analyzed the defense of legal authority in the context of false imprisonment.
4. Case Examples and Hypotheticals
Rahim and Buron:
- Scenario: Rahim assaulted Buron, who later suffered further injury requiring surgery.
- Liability: Rahim may be liable for additional harm if it was a direct result of the original assault.
Sham and Ram:
- Scenario: Ram closed the door on Sham while he slept.
- Liability: Ram may not be liable for false imprisonment as Sham was not aware of the confinement.
Legal Remedies for Sachin:
- Scenario: A biscuit company published Sachin’s image without consent.
- Advice: Sachin can seek remedies for defamation or unauthorized use of his image.
Cat Straying and Killing Birds:
- Scenario: A cat killed birds on a neighbor’s property.
- Liability: The cat’s owner may be liable for damage caused by their animal.
5. Short Notes
Malicious Prosecution:
- Definition: Initiating legal proceedings without reasonable grounds, motivated by malice.
Intimidation:
- Definition: Using threats to induce fear and compel action.
Innuendo:
- Definition: An indirect or implicit statement that may harm reputation.
False Imprisonment:
- Definition: Unlawful restraint of a person’s freedom.
