Court: Court of Appeal

Year: 1965

Principle(s): An action for trespass to the person can only be brought for intentional torts.

Court: House of Lords

Year:

Principle(s): 1. Generally, it constitutes trespass to touch or perform an operation on a person without his consent. 2. However, in instances where a person is unable to consent, he or she may be touched or operated on if doing so is in his or her best interest. 3. A touch does not have to be hostile to constitute battery. Per Lord Goff, "A prank that gets out of hand, an over-friendly slap on the back, surgical treatment by a surgeon who mistakenly thinks that the patient has consented to it, all these things may transcend the bounds of lawfulness, without being characterised as hostile."

Court: Court

Year: 1844

Principle(s): An omission does not constitute a trespass. An action is required