LAW OF TORTS

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LAW OF TORTS

• Lecture 1Lecturer Prof Sam BlayIntentional
  Torts
• - Battery- Assault

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TEXT BOOKS

• Baker, Blay et al Torts Law in Principle LBC 4th
  Ed. 2005
• Blay, Torts in a Nutshell LBC 1999
• Balkin Davis Law of Torts (2004) 3rd Ed.
  Butterworths
• Luntz and Hambly Torts Cases and Commentary
  (2006) Revised 5th Ed. Butterworths
• Trindade and Cane The Law of Torts
• Fleming, The Law of Torts (1996)

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LEC Torts Website

• www.usyd.edu.au/lec/subjects/torts//materials.htm
• Past exams comments
• www.library.usyd.edu.au/libraries/law/lpab.htmle
  xams

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WHAT IS A TORT?

• A tort is a civil wrong
• That (wrong) is based a breach of a duty imposed
  by law
• Which (breach) gives rise to a (personal) civil
  right of action for for a remedy not exclusive to
  another area of law

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THE DIFFERENCE BETWEEN A TORT AND A CRIME

• A crime is public /community wrong that gives
  rise to sanctions usually designated in a
  specified code. A tort is a civil private
  wrong.
• Action in criminal law is usually brought by the
  state or the Crown. Tort actions are usually
  brought by the victims of the tort.
• The principal objective in criminal law is
  punishment. In torts, it is compensation

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THE DIFFERENCE BETWEEN A TORT AND A CRIME

• Differences in Procedure
• Standard of Proof
• Criminal law beyond reasonable doubt
• Torts on the balance of probabilities

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THE AIMS OF TORT LAW

• Loss distribution/adjustment shifting losses
  from victims to perpetrators
• Compensation Through the award of (pecuniary)
  damages
• The object of compensation is to place the victim
  in the position he/she was before the tort was
  committed.
• Punishment through exemplary or punitive
  damages. This is a secondary aim.

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INTERESTS PROTECTED IN TORT LAW

• Personal security
• Trespass
• Negligence
• Reputation
• Defamation
• Property
• Trespass
• Conversion
• Economic and financial interests

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INTENTIONAL TORTS

INTENATIONAL TORTS
Trespass
Conversion
Detinue
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WHAT IS TRESPASS?

• Intentional or negligent act of D which
  directly causes an injury to the P or his /her
  property without lawful justification
• The Elements of Trespass
• fault intentional or negligent act
• - injury must be direct
• injury may be to the P or to his/her property
• - No lawful justification

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INJURY IN TRESPASS

• Injury a breach of right, not necessarily
  actual damage
• Trespass requires only proof of injury not actual
  damage

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THE GENERAL ELEMENTS OF TRESPASS
Intentional/ negligent act
Direct interference with person or property
Absence of lawful justification



A specific form of trespass
x element

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SPECIFIC FORMS OF TRESPASS
TRESPASS
PERSON
PROPERTY
BATTERY
ASSAULT
FALSE IMPRISONMENT
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BATTERY

• The intentional or negligent act of D which
  directly causes a physical interference with the
  body of P without lawful justification
• The distinguishing element physical interference
  with Ps body

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THE INTENTIONAL ACT IN BATTERY

• No liability without intention
• The intentional act basic willful act the
  consequences.

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CAPACITY TO FORM THE INTENT

• D is deemed capable of forming intent if he/she
  understands the nature of (intended) his/her
  act
• -Infants
• Lunatics
• Morris v Marsden
• Hart v A. G. of Tasmania ( infant cutting another
  infant with razor blade)

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THE ACT MUST CAUSE PHYSICAL INTERFERENCE

• The essence of the tort is the protection of the
  person of P. Ds act short of physical contact
  is therefore not a battery
• The least touching of another could be battery
• Cole v Turner (dicta per Holt CJ)
• The fundamental principle, plain and
  incontestable, is that every persons body is
  inviolate ( per Goff LJ, Collins v Wilcock)

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The Nature of the Physical Interference

• Rixon v Star City Casino (D places hand on Ps
  shoulder to attract his attention no battery)
• Collins v Wilcock (Police officer holds Ds arm
  with a view to restraining her when D declines to
  answer questions and begins to walk away
  battery)
• Platt v Nutt

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THE INJURY MUST BE CAUSED DIRECTLY

• Injury should be the immediate
• Scott v Shepherd ( Lit squib/fireworks in market
  place)
• Hutchins v Maughan (poisoned bait left for dog)
• Southport v Esso Petroleum(Spilt oil on Ps beach)

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THE ACT MUST BE WITHOUT LAWFUL JUSTIFICATION

• Consent is Lawful justification
• Consent must be freely given by the P if P is
  able to understand the nature of the act
• Lawful justification includes the lawful act of
  law enforcement officers
• Wilson v. Marshall (D accused of assaulting
  police officer, held officers conduct not lawful)

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TRESPASSASSAULT

• The intentional/negligent act or threat of D
  which directly places P in reasonable
  apprehension of an imminent physical interference
  with his or her person or of someone under his or
  her control

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THE ELEMENTS OF ASSAULT

• There must be a direct threat
• Hall v Fonceca (Threat by P who shook hand in
  front of Ds face in an argument)
• In general, mere words are not actionable
• Barton v Armstrong
• In general, conditional threats are not
  actionable
• Tuberville v Savage
• Police v Greaves
• Rozsa v Samuels

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THE ELEMENTS OF ASSAULT

• The apprehension must be reasonable the test is
  objective
• The interference must be imminent
• Rozsa v Samuels
• Police v Greaves
• Hall v Fonceca
• Zanker v Vartzokas (P jumps out of a moving van
  to escape from Ds unwanted lift)

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THE GENERAL ELEMENTS OF TRESPASS
Intentional/ negligent act
Direct interference
Absence of lawful justification



A specific form of trespass
x element

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SPECIFIC FORMS OF TRESPASS
TRESPASS
PERSON
PROPERTY
BATTERY
ASSAULT
FALSE IMPRISONMENT