Trespass to the person Remedies and Defences

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Remedies for the claimant

Injunction

  • A prohibitory injunction would prevent the defendant from doing something, and a mandatory injunction would make the defendant do something
  • They are serious and if you don't obey them you will go to court

Damages

  • General damages: if the claimant is subjected to pain, suffering, or loss of amenity he/she will be able to receive general damages. Usually, general damages is only nominal (i.e. a small amount)
  • Special damages: this is itemised out-of-pocket expenses. For example, if the defendant injures you and you need to go to the doctor by taxi, you can get your money back from the defendant through special damages. Special damages can add up to quite a lot of money.
  • Aggravated damages: this is damages for injury to feelings e.g. humiliation
  • Exemplary damages: this is damages against public authorities e.g. where the police have acted unlawfully. Such damages are rare, but are available

Defences for the defendant

Consent: this must be given freely by the claimant, without duress, fraud or misrepresentation

Contributory Negligence: the claimant contributed to the situation they find themself in e.g. Barnes v Nayer (1986)

Necessity: the defendant acted in order to prevent a greater harm e.g. to provide treatment to someone who cannot consent (F v West Berkshire Health Authority (1989))

Self-defence: the defendant had to use force to protect a person or property (Criminal Law Act 1967, s3(1))

Lawful arrest: any person can detain someone who breaches the peace (Albert v Lavin (1982))

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