InkElites LMS

TRESPASS TO PERSONS: BATTERY

LAW OF TORT | Page 5 of 12
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it away to C's stall, and C threw the squib to the plaintiffs stall, where the squib exploded and injured the plaintiff. In a claim for damages for battery the court held: that the defendant who lit the squib was nevertheless liable to the plaintiff. The chain of causation of damage set in motion by the defendant was not broken by the actions of Band C. Fagan v Metropolitian Police Commissioner (1969) 1 QB 439. A policeman asked the defendant appellant to park his car. The defendant drove the car onto the policeman's foot on which a tyre then rested. When the defendant realised what he had done, he refused the policeman's request to reverse off his foot. The court held that the appellant was liable for battery. Collins v Wilcock (1984) 1 WLR 1172. A police woman wishing to question the plaintiff appellant on suspicion of prostitution, took hold of the appellant's arm to detain her for the purpose of questioning her. The police woman was not exercising a power of arrest at the material time as she was not on duty. Held: that there was battery of the appellant. The defendant police woman's conduct had gone beyond acceptable lawful physical contact between persons and accordingly her act constituted battery on the plaintiff appellant. F v West Berkshire Health Authority (1989) 2 WLR 1025 The court on application of the health authority allowed sterilization of a woman suffering from a serious mental disability without her consent. In an action for damages for unlawful sterilization without consent, the House of Lords held that the court had the power to make such order under its inherent jurisdiction provided that the operation was accepted as being in the best interest of the patient, that is, the operation was accepted as appropriate treatment by a