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普通法案例分析笔记.docx

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普通法案例分析笔记.docx

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普通法案例分析笔记.docx

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文档介绍:Cole v. Turne Issue. Under what circumstances and with what mindsets may a touching constitute battery? Synopsis of Rule of Law. The lightest angry touch constitutes battery. A gentle touch made in close quarters with no ill intention is not a battery. A forceful or reckless touch, in close quarters isa battery. 即: ?“ the least touching of another in anger isa battery ”?“ if two or more meet ina narrow passage, and without any violence or design of harm, the one touches the other gently, it will be no battery ” Key point - the degree of contact is irrelevant: the “ least touching ” is actionable But: current rule is that battery does not require anger : ? Is an unwanted kiss battery? Yes. Shooting a person with the best of intentions? Yes. No anger, no damages, no have to be conscious at the time of the contact Collins v Wilcock [1984] 3 All ER 374 FACT: A police woman took hold ofa woman's arm to stop her walking off when she was questioning her. The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. M e:the defendant refused to answer police woman ’s question and walked away when police woman persisted to follow her and took hold of her arm to restrain her. The defendant swore at and scratched the officer ’s arm, Asa result, the D was arrested and charged with assaulting a police officer in the course of her duty. I ss