Trespass to person
Trespass is the invasion of a person’s right to property, right to one’s bodily safety and
right to their goods without any lawful justification. When an injury is caused to an
individual intentionally and without negligence the cause of action is trespass. Hence,
Trespass is an intentional invasion of another person’s right.
What constitutes as trespass was further limited it is seen in the following cases:
Fowler v. Lanning (burden of proof lies on plaintiff in case of unintentional trespass or
negligence)
Both parties were at a hunting party the defendant fired his gun which ended up causing
harm to the plaintiff, the plaintiff sued the defendant for trespass. The court said I does not
constitute as trespass as it was not intentional and to prove if it was a negligent action of
the defendant, the onus is on the plaintiff.
Case: Letang v. Cooper (a distinction was established between the torts of
negligence and the trespass to the person based on intent)
Ms. Letang was sunbathing in an area where cars were ordinarily parked, Mr. Cooper
rever4sed his car and accidently ran over Ms. Letang’s legs causing injury.
In this case it was held that the defendant’s actions were negligent and hence the suit for
trespass was dismissed. The plaintiff did not sue for negligence because she sued the
defendant after 4 years which means she exceeded the time of three years in which a
negligence suit can be brought (Limitation Act ,1939)
Assault:
Definition: An assault is a threat to do a corporeal hurt to another, coupled with an
apparent present ability and intention to do the act.
Therefore, no actual contact is necessary in an action for assault.
The Essentials of assault: intention, means to carry out, present ability, Reasonable
apprehension, About to use criminal force.
mere words do not amount to an assault. Although the words used threateningly at the
time if they give the gestures such a meaning as make them amount to an assault or on the
other hand may prevent them from being in assault.
DEFINITION:
BATTERY
Definition: a battery is the intentional and direct application of any physical force to the person of
another. It is the actual striking of another person or touching him in a rude angry revengeful or
insolent manner. Case: Cole v. turner.
Battery was redefined as an intentional physical contact which was not generally acceptable in the
ordinary conduct of life accepted in the case Wainwright v. home office.
FALSE IMPRISONMENT
Definition:
False imprisonment is a total restraint of the liberty of a person, for, however, short a time , without
lawful excuse.
Essentials of false imprisonment.
1. The total restraint of the liberty of a person.
Restraint is either physical or constructive
2. The detention should be unlawful.
DEFAMATION
MALICIOUS PROSECUTION
TRESPASS TO LAND
DISPOSSESSION
NUISANCE
TRESPASS TO GOODS
CONVERSION
DETENTION
DECEIT
MALICIOUS FALSEHOOD
PASSING OFF
SLANDER OF TITLE
SLANDER OF GOODS
MAINTENANCE AND CHAMPERTY
NEGLIGENCE
PRODUCTS AND SERVICE LIABILITY.