Innes v Wylie [1844]

Facts

  • A police officer was blocking a doorway
  • The claimant ran into him and bounced off, suffering personal injury

Issue

  • Could a claim in either battery or false imprisonment succeed?

Decision

  • No

Reasoning

  • In the battery claim, there was no intent, nor an act; the act was of the claimant
  • In the false imprisonment claim, the officer had just omitted to move, so had again not acted
  • Both claims therefore failed
RELATED CASE  Allen v Gulf Oil Refining [1981]

Posted in Tort Law Revision Notes.

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