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    Intentional Torts: Tresspass To The Person

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    This document discusses various intentional torts against a person, including trespass to the person, assault, battery, false imprisonment, and liability under the Wilkinson v Downton principle. It outlines the general elements of each tort, such as requiring a positive act by the defendant that directly harms the plaintiff. Assault involves causing reasonable fear of physical harm, while battery involves unlawful physical contact without consent. False imprisonment restricts a person's freedom of movement. The Wilkinson principle extends liability to willful acts or statements calculated and proven to cause harm.

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    Intentional Torts: Tresspass To The Person

    Uploaded by

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    483 views13 pages
    This document discusses various intentional torts against a person, including trespass to the person, assault, battery, false imprisonment, and liability under the Wilkinson v Downton principle. It outlines the general elements of each tort, such as requiring a positive act by the defendant that directly harms the plaintiff. Assault involves causing reasonable fear of physical harm, while battery involves unlawful physical contact without consent. False imprisonment restricts a person's freedom of movement. The Wilkinson principle extends liability to willful acts or statements calculated and proven to cause harm.

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    Trespass to Person

    Original Title

    1 Trespass to Person

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    This document discusses various intentional torts against a person, including trespass to the person, assault, battery, false imprisonment, and liability under the Wilkinson v Downton principle. It outlines the general elements of each tort, such as requiring a positive act by the defendant that directly harms the plaintiff. Assault involves causing reasonable fear of physical harm, while battery involves unlawful physical contact without consent. False imprisonment restricts a person's freedom of movement. The Wilkinson principle extends liability to willful acts or statements calculated and proven to cause harm.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    483 views13 pages

    Intentional Torts: Tresspass To The Person

    Uploaded by

    -
    This document discusses various intentional torts against a person, including trespass to the person, assault, battery, false imprisonment, and liability under the Wilkinson v Downton principle. It outlines the general elements of each tort, such as requiring a positive act by the defendant that directly harms the plaintiff. Assault involves causing reasonable fear of physical harm, while battery involves unlawful physical contact without consent. False imprisonment restricts a person's freedom of movement. The Wilkinson principle extends liability to willful acts or statements calculated and proven to cause harm.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    INTENTIONAL TORTS:

    TRESSPASS TO THE
    PERSON

    General Elements of
    Trespass
    A positive act, as opposed to an
    omission, and
    A direct act of the defendant (to the
    plaintiff, his land or goods); and
    The tort of trespass is proven without
    the plaintiff having to prove that he
    has suffered any injury or loss it is
    therefore, actionable per se

    Trespass to person comprises several


    torts, namely ;
    Assault
    Battery
    False imprisonment
    Liability under the principle in
    Wilkinson v Downton (categorized as
    intentional harm)

    Assault
    An intentional and direct act of the
    defendant which causes the plaintiff
    reasonable apprehension of the
    immediate infliction of a force onto
    his person.
    The tort of assault is concerned with
    the protection of a persons mental
    well-being against the unlawful act of
    another.

    Elements of assault
    The mental state of the defendant
    The defendant must have the intention to do his act

    The effect on the plaintiff


    Would a reasonable man, faced with the same situation
    the plaintiff was in, feel apprehensive that a force would
    be inflicted upon him ?

    Capability to carry out the threat


    Would a reasonable man, who is in the plaintiffs position,
    believe that the defendant will release his threat ?

    Bodily movement
    Positive act in the circumstances, indicating that the
    defendant will carry out his threat.

    Can words constitute an


    assault ?
    Words which instill a reasonable fear of
    unlawful and immediate physical
    violence does amount to assault.

    Battery
    Intentional and direct application of
    force to another person without that
    persons consent.
    This touching need not to involve
    violence.
    The torts of battery protects an
    individuals from any interference
    onto his person, thus it preserves a
    person;s dignity as well as his
    reputation.

    Elements of battery
    The mental state of defendant
    The defendants act was under his
    control
    Contact or application of force with
    the plaintiffs body or clothing
    Without plaintiffs consent

    Differences Between
    Assault and Battery
    ASSAULT
    The issue of consent does not arise.

    BATTERY
    The defendants act is done without
    plaintiffs consent

    The plaintiff experiences reasonable There is physical contact or direct


    apprehension of an immediate infliction transmission of force between the
    of force upon his person
    defendant and the plaintiff
    The tort protects one from physical
    The tort protects one from the threat of
    contact, be it violent or not, as long as it is
    any physical violence as well as to
    an unnecessary and an unauthorised
    maintain a persons mental well being.
    contact

    False Imprisonment
    The restriction of a persons freedom of
    movement.
    False imprisonment is the infliction of bodily
    restraint which causes the confinement of the
    plaintiff within an area determined by the
    defendant, which is not expressly or impliedly
    authorised by law.
    The interest that is protected is that of freedom
    from confinement. It serves to maintain a
    persons liberty to unrestricted movement.

    Elements of false
    imprisonment
    The mental state of the defendant
    The restraint must be a direct
    consequence of the defendants act
    The restraint must be complete
    Other considerations
    The knowledge of the plaintiff
    Entering premises under a contract

    Arrest and restraint by the


    authorities
    May arrest without warrant
    Arrest by police officer
    Arrest by penghulu
    Arrest by private citizen
    Arrest by magistrate or Justice of the
    Peace

    Liability under the principle in


    Wilkinson v Downton
    Usually categorized as intentional harm
    An act that is willfully done, which is calculated to
    cause, and actually does cause physical harm to
    another
    Elements of liability under the principle:
    An act, and not a mere omission. This principle need not
    be limited to acts but also extends to statements; and
    This act must be willfully done in that it is deliberate.
    Any evidence of malice would support this requirement.
    This act calculated to cause some harm.
    Actual damage must occur

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