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It is the actual striking or even touching of another person in a rude, angry, revengeful, or insolent manner. Presenting the law of tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. It is noted here that assault, battery and false imprisonment are also crimes – and can be prosecuted in a criminal court. Therefore, it will be the best if the court tries to examine with all the elements in order to find out the real causes of the case. It is generally used for the protection of one’s liberty and vindication of constitutional rights. The defendant was liable in battery for the claimant’s injuries. Trespass to the Person Explained. Similar is the case when the defendant deliberately runs into the car in which the plaintiff is sitting, shaking him up. In this essay, I will start of by discussing what is the meaning of trespass to persons and three type of trespass, which are assault, battery and false imprisonment. He may cause such an offender to be arrested by another person.[35]. Furthermore, a person cannot commit battery without assaulting the victim. It is clear that Mr Stephens’ perception that he was about to be hit was reasonable; at the time it was made, Mr Myers was in a position to carry it out. It is clear that the touching must be intentional if there is to be liability for battery, while non-intentional touching may amount to negligence. The intention as well as the act makes an assault. Physical contact is necessary to accomplish a battery. Lastly I will conclude the essay with my own opinion. However, the intention of the defendant will still be the first thing to consider in the torts of trespass. Learn how your comment data is processed. Besides the defendant must act voluntarily. Therefore nowadays, intention in trespass is not so important especially when the liability of the defendant is determined by the objective test. In this case the tackle had been lawful therefore no battery had occurred. This article deals with assault, battery, and false imprisonment which constitute the action of trespass to the person who has survived to the present day torts. An intention to injure was not an essential ingredient of an action for trespass to the person, since it was the mere trespass by itself which was the offense, and therefore, it was the act rather than the injury which had to be intentional. Through subsequent developments, its scope was further limited. It occurs also when by words of conduct he makes it clear that he will, if necessary, use force to prevent the individual from going where he may want to go. The old meaning must, however, be understood if the rest of the law is to make any sense! False imprisonment can be carried out without the plaintiff awareness at the material time. However, this seems to be complex and difficult to distinguish, when can negligence be amount to trespass to person? This will be the most basic element to prove. What, however, would be the position if the defendant was to be prevented from carrying out the threat? In Robinson v Balmain Ferry Co Ltd, the plaintiff claimed that the refusal to release him from the defendant’s wharf unless he pay 1 penny for the exit fee is considered as false imprisonment. ■ ‘The application of force to the person of another without lawful justification’ (REV Heuston and R A Buckley, Salmond and Heuston on the Law of Torts (20th edn, Sweet & Maxwell, 1992), p. 125). [4] Tuberville v. Savage, (1669) 1 Mod 3. Strict Liability and Land – Rylands v Fletcher, The Origins and Character of Tortious Liability, Arbitration of International Business Disputes, Brownlie’s Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. Therefore civil rights and person’s dignity is protected. [23] R v. Governor of Brockhill Prison, (2000) 4 All ER 15, [24] Henderson v. Preston, (1888) 21 QBD 362.

The court held that the defendant was liable for false imprisonment although he had no intention. By voluntarily taking part in a contact sport, players consent to touching which occurs provided it is within the rules of the game. In such instances the state prosecutes the accused in a criminal court, and penalties (such as fines or terms of imprisonment) may be imposed. This is supported in Lord Goff’s view in Re F, “… Any touching of the body without lawful excuse, capable of amounting to a battery and a trespass …” In Wilson v Pringle, Court of Appeal held that because the act of the young defendant is hostility therefore it will amount to battery. Article 21 of the Indian constitution has been deprived of him and also many other fundamental rights were also deprived. It is an area of tort law that is used as the basis for a number of civil rights cases as this legislation serves to protect the rights of individuals as well as to prevent any damage from occurring. In order for the claimant to claim for assault, he or she must prove that the defendant had the intention. Is intention necessary to establish all these type of trespass? This touching need not necessarily involve violence”. “if you do X, then I will do Y”), or unconditional. He went on to expound this by quoting from Blockstone’s Commentaries in which Blackstone explained that the law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every man’s person being sacred, and no other having a right to meddle with it, in any the slightest manner. Compensation: The Court may award a sum of money when there has been actual damage (harm/loss). In order for the claimant to claim for assault, he or she must prove that the defendant had the intention. It was held that it is not every threat when there is no actual personal violence that constitutes an assault. Figure 13.1 How liability is established in the different types of trespass to the person. Assault is when a person tries to injure another person. But the court held that the charge was reasonable and stated as a condition at the notice board. Unlawful restraint would be considered as false imprisonment if the restraint is in total and there is no mean of escape. Words alone can amount to an assault. The test is objective: would a reasonable man, who is in the plaintiff’s position, feel reasonable fear that there is a threat of immediate force upon himself? “In Termes de la Lay, false imprisonment is defined as the restriction of a person’s freedom of movement which mean that it is an intentional detention to another person without authorized of law.” False imprisonment is a strict liability; mean that the plaintiff does not have to prove the intention of the defendant in order to claim for false imprisonment. R v Ireland is of course a criminal case but it is very likely that if a civil action for assault based on words alone was to be brought, the decision would be that an assault had potentially been committed. Physical contact involves immediate contact with a person. Trespass simply means no more than “wrong” and … In this case the court held that if she is unaware and suffered no harm then she can only claim for nominal damages. However, there are also some exceptions such as tapping a person’s shoulder in order to get attention. The force applied does not have to be personal contact and the defendant was liable in battery. The horse bolted and collided the plaintiff. [14]. If he was so advancing, that, within a second or two of time, he would have reached the plaintiff, it seems to me that it is an assault in law.’, Thomas v National Union of Mineworkers (South Wales Area) [1985] 2 All ER 1.

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