Fagan v Metropolitan Police Commissioner [1969]

Facts

  • Fagan was asked to park his car closer to the kerb, which he did. He also parked on a police officer’s foot, and subsequently refused to move his car

Issue

  • Had Fagan committed an assault on the officer?

Decision

  • Yes

Reasoning

  • Although there was no intent in parking on the foot of the officer, the omission to move was an intentional, therefore the omission was classed as an act.
RELATED CASE  Dulieu v White [1901]

Posted in Tort Law Revision Notes.

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