This presentation provides an overview of the tort of trespass. It defines trespass as an unlawful act committed against another's person, property, or rights. There are three types of trespass: trespass to person, trespass to land, and trespass to goods. Trespass to person includes assault, battery, and false imprisonment. Assault involves putting someone in fear of violence through threats or actions, while battery involves the intentional or negligent application of force against another. False imprisonment involves the total unlawful restraint of another's liberty. Defenses to trespass to person include consent and reasonable self-defense, though the defensive force must be proportionate to the threat.
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Topic: trespass
What is Trespass
Trespass is an unlawful act committed on the person, property, or
rights of another especially a wrongful entry on real property.
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There are three types of trespass:
• 1. Trespass to Person.
• 2. Trespass to Land.
• 3. Trespass to Goods.
6. Trespass to Person
• Trespass to Person is any direct intentional and unlawful interference with the
person or liberty of another. Wrongs affecting personal safety and freedom are
called trespass to person.
Trespass to Person is three types:
1. Assault
2. Battery
3. False imprisonment
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Assault:
• Means putting another in the present fear of violence though no force is
materially applied there is a present ability and intention to do the act.
Assault the plaintiff must prove:
• 1. That there was some preparation, which constituted a threat of force.
• 2. That the preparation was such as to cause a reasonable apprehension of force.
• 3. That there was a present ability on the defendants Part to carry out threat of
force into execution immediately.
8. Assault may be committed in two ways:
• Either by attempting to hit him or to bring something into direct contact him or by
threatening to do so. But in either case to constitute an assault in the true sense the
attempt or threat must not be committed.
Examples:
• 1. To advance upon a person with an apparent intention to strike him.
• 2. To point a gun to another within range and even though the gun is unloaded he
does not know of the fact for he will be put in fear.
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9. • Battery is the intentional or negligent application of force however slight to
another person who is not volence a person who voluntarily agrees to suffer the
particular harm.
• 1. Application of force.
• 2. The force may be applied intentionality or negligently.
• 3. The application of force is done directly or bringing an object in contact
e.g. Throwing water.
• 4. To a person who is not a volence.
• 5. Physical contact is necessary in Battery and not only fear of violence as assault.
• But to pat someone to attract his attention is not battery.
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Battery:
10. False imprisonment:
Is the total restraint of liberty of a person for however short a time without lawful justification
Ingredients of false imprisonment:
• The deprivation of liberty must be complete I.e. limit his freedom of movement in all directions or
preventing to proceed in every direction. Case: Bird V. Jones (1845)
• Fact: A portion of a bridges footpath was enclosed for seats to view a boat race the plaintiff to
assert his right to use the Footpath was stopped by a policeman to pass the enclosure to proceed
further.
• Held: This was not false imprisonment as the plaintiff could walk on the road the footpath as
there was no complete restraint.
11. The plaintiff must prove:
1. The restraint must not be expressly or impliedly authorized by law. If direction by
law no action lies.
2. The imprisonment may be the defendant or his servant or agent.
3. The plaintiff must prove that there was actual application of force (used) or threat
of force.
4. That the plaintiff must prove that he was restrained from liberty for how ever short
duration of time it may be.
12. DEFENSE OF TRESPASS TO PERSON:
1.THE DEFENDANT IS NOT LIABLE IF THE PLAINTIFF GAVE CONSENT TO S UFFER
THE PARTICULAR HARM E.G., VONLENTINON-FIT INJURIA OR LEAVE AND
LICENCE WILL APPLY.
2. SELF-DEFENSE/DEFENSE OF PERSON OR PROPERTY:
A TRESPASS TO PERSON IS JUSTIFIED IF IT IS COMMITTED IN REASONAB LE
SELF-DEFENSE. BUT THE FORCE USED MUST BE PROPORTIONATE.
CASE: COOK V. BEAL (1697).
FACT: 'A' HITS 'B' WITH HAND BUT 'B' BRINGS OUT HIS SWARD TO CUT HIS
ARM.
HELD: THE FORCE USED IS NOT PROPORTIONATE.
