Collins v Wilcock [1984]

Facts

  • A police officer restrained a woman by taking hold of her arm
  • The woman proceeded to scratch the police officer and was charged with assaulting a police officer in the execution of duty

Issue

  • Could a battery claim be made?

Decision

  • No

Reasoning

  • The officer was acting outside of the scope of duty at a police officer, therefore the scratching was an act of self defence
  • Lord Goff defined assault as “an act which causes [the claimant] to apprehend the infliction of immediate and unlawful force on his person.” and battery as the “[A]ctual infliction of unlwful force on another person”.
  • Lord Goff also said that consent to trespass is given the the ordinary conduct of everyday life, which the the present claim did not fit into
RELATED CASE  Read v Coker [1853]

Posted in Tort Law Revision Notes.

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