Trespass to the person.docx - Trespass to the person...

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Trespass to the person Resources Handbook o pg. 11 and 12 for cases o pg. 55 and 56 for instruction for seminars Trespass to the person 1. Assault – expression of fear o An act which caused another person to apprehend the infliction of immediate, unlawful force on his person 2. Battery o The actual infliction of unlawful force in another person 3. False imprisonment o The unlawful imposition of constraint on another’s freedom of movement from a particular place Intentional infliction of harm by ‘indirect means’ o Wilkinson v Downton (1987) o Protection from Harassment Act 1997 Tort don’t consider if harm carried out by def have caused any physical damages or not o It cares about the violation of the cl’s right to be free from unjustifiable interference Introductory points 1. Protection of interests in the person a. Rather than land, reputation, economic interests and etc 2. Intentional as opposed to negligent conduct (which has general liability) 3. Does conduct fall with identifiable boundaries developed in the case of law Characteristics of trespass to the person Must be committed intentionally – intending to bring a particular consequence o def won’t be liable if they aren’t in control of own action Iqbal v Prison Officers Association (2009) Must cause direct and immediate harm Are actionable – without proof of loss Trespass compensate cl in relation to direct and intentional harm e.g. being hit deliberately o Negligence compensates for unintentional and indirect – e.g. accidental injury
Place of Trespass in modern Law of Tort Assault, battery, false imprisonment are also crimes Rarely brought as civil action o Action by police o Cost o Co-exists with criminal injuries compensation scheme o Domination of tort of negligence Important for protection of individual rights, bodily and mental integrity; freedom of movement o Claims are often against state E.g. police brutality, prison guards All seeking for damages Assault & Battery Lord Justice Gof o Collins v Wilcock (1984) 1 WLR 1172, 1177 ‘An assault is an act which cause another person to apprehend the infliction of

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