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KembaraXtra-Case Law-Wilson v. Pringle (1986) - Key Takeaways
Focus: Establishes the requirement of "hostile touching" in the tort of battery.
Court: Court of Appeal
Held (Per Croom-Johnson LJ):
Focus: Establishes the requirement of "hostile touching" in the tort of battery.
Court: Court of Appeal
Held (Per Croom-Johnson LJ):
- Battery Requires Intentional Touching: A battery requires an intentional touching or contact of the plaintiff by the defendant.
- Touching Must Be "Hostile": The intentional touching must also be "hostile" in nature.
- Hostility Defined: Hostility does not require ill-will or malevolence. It is not limited to acts like punching, stabbing, or shooting which obviously demonstrate intent to harm.
- Hostility as a Question of Fact: The presence of hostility is a question of fact to be determined by the jury.
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