Tort Recognised There is a long-standing tort comprising the intentional or reckless infliction of emotional suffering. It is a stand-alone tort. The intentional inflectional of emotional injury is likely to constitute a criminal offence. The tort of the intentional infliction of emotional suffering is distinct from the negligent infliction of emotional suffering (nervous shock often PTSD), which is within narrower bounds. […]
Battery & Bodily Integrity Claims may be taken against medical practitioners on the basis of a battery. This may sound surprising at first. A battery is a tort involving the direct application of force to the body. Consent is a defence. The courts have evolved the principle that consent must be informed. The essence of a medical claim based on battery […]
Consent There are a number of defences to trespass. Consent is a defence to trespass. It may be expressed or implied. Some cases turn on defective consent. Some medical claims are based on inadequate explanation or consent. Consent must not be obtained unlawfully. It must not be obtained by duress or by fraud. The person giving consent must have the […]
Trespass Trespass covers a wide category of directly inflicted civil wrongs. Trespass to the person includes direct physical assault and threats to do so. The injury, damage or interference must arise from a direct physical act. If a person has suffered loss, but it cannot be shown to have resulted from direct, intentional action, then he may still be entitled […]
Overview False imprisonment is an unlawful restraint on personal liberty. The person must be bound within limited confines. He must be restrained in all directions. The extent of confinement may vary in the circumstances. It may be, for example, in a room in a building or in a fenced open space. It appears that the person concerned must be aware […]