Intention satisfied. (4) The doctrine of transferred malice applied to the tort of battery where a soldier deliberately fired against one person but hit another person instead because he had "intentionally" applied force to the person who was struck, Livingstone v Ministry of Defence (1984) N.I.L.R. Livingstone v Ministry of Defence The claimant successfully sued for battery after being hit by a bullet that was aimed at someone else. Posted on March 24, 2016 Written By Olanrewaju Olamide. 356 followed. D jumped on Cl. Cited – Livingstone v Ministry of Defence CANI ([1984] NILR 356) The plaintiff was injured when a soldier fired a baton round after some soldiers were attacked by rioters. guards during the strip search, therefore she could not sue under battery. Wilson v Pringle (1987): Was contact was made with hostility? to fall and break his leg. Setting a reading intention helps you organise your reading. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The Ministry of Defence has admitted primary liability for Mr Badger's widow's claim: it did so when the claim was intimated on 21 February 2003. Gibbon v Pepper - , if Mike pushes Lucy into Dave - Battery. . The courts have considered an extra element, “hostility”, to distinguish unacceptable physical contact and acts part of everyday life. 1 Livingstone v Ministry of Defence [1984] 2 It was held that the chain of causation wasn’t broken because the intermediate people acted instinctively and foreseeably. As per Cole v Turner [1704] 6 Mod Rep 149, the “least touching in anger is a battery.” Wide definition - applies across the three torts. Livingstone v Ministry of Defence/Gibbon v Pepper. Wilson v Pringle This can be seen in Livingstone v Ministry of Defence [1984] NI 356. However, the Ministry of Defence contends that Mrs Badger's claim falls to be reduced on account of Mr Badger's contributory negligence. In Livingstone v Ministry of Defence, the defendant, a soldier, had intended to shoot someone with a baton round, which went wide and hit the claimant. (school friends), causing Cl. Livingstone v Ministry of Defence (1984): D fired gun at another but Cl. Definitions of The Tort of Assault. however, her son was touched and he therefore had a claim (iii) Unlawful Contact: However, in 2004 an English Court in Bici v Ministry of Defence announced its commitment to the doctrine. THE TORT OF ASSAULT. 4. Moreover, the Court claimed to base this commitment on the implicit recognition of the doctrine in three other cases: Livingstone v Ministry of Defence, James v Campbell, and Ball v Axten. Dodwell v Burford - can be indirect contact (hit rump of horse and the horse bolted) DPP v K (acid in hand drier) The claim was in negligence and assault and battery. Williams v Humphrey The trial judge . The Ministry of Defence (Zambia Army) (hereinafter referred to as “Contracting Authority”) wish to be engaged in the development of mixed use real estate infrastructure development and as part of this endeavour, the Contracting Authority wish to undertake development of various projects located in Lusaka and Livingstone. The round had been deliberately fired, but not to strike the plaintiff. Livingstone v Ministry of Defence - doctrine of transferred malice applies. There can be inferred intent if they intend to fire at someone, for example, and end up firing at someone else. Direct. Whilst injury is generally not a prerequisite, the courts will distinguish between hostile and unhostile contact. was hit by the bullet. Even though he had not intended to hit the claimant, it was held that because he had intended to fire the baton round in the first place, he was liable. Hostility? 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