Only a person in possession or immediately entitled

This preview shows page 7 - 10 out of 78 pages.

Only a person in possession or immediately entitled to
Image of page 7

Subscribe to view the full document.

8 possession of land can maintain an action. Knowledge is irrelevant as you are either a trespasser or you are not. b) Trespass to Person Causing physical injury or physical interference to the physical of another. Examples of trespass to persons include i) Battery An unlawful direct application of force to the plaintiff.e.g slapping someone, doctor operating without consent and kissing some one without consent. Once battery has been committed the plaintiff does not need to prove damages. Battery occurs when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person. Accidental contact, by contrast, must be analyzed under negligence or strict liability. While battery requires intent, the prevailing tort definition does not require intent to harm. It is only necessary that the defendant intend to cause either harmful or offensive contact. Battery encompasses either harmful or offensive contact. Even trivial offensive contact can constitute a battery. The defendant's voluntary action must be the direct or indirect legal cause of the harmful or offensive contact. However, defendant needs not herself actually contact the victim. ii) Assault Assault occurs when the defendant's acts intentionally cause the victim's reasonable apprehension of immediate harmful or offensive contact. Assault is an intentional tort. The defendant must desire or be substantially certain that her action will cause the apprehension of immediate harmful or offensive contact. Apprehension means the victim must perceive that harmful or offensive contact is about to happen to him. For assault to be actionable the victim's apprehension must be of imminent harmful or offensive contact. An assault made conditional on the victim's noncompliance with an unlawful demand still constitutes an assault, even if the victim is confident no assault will actually occur if the victim complies with the unlawful request.
Image of page 8
9 Hence if you throw an object to someone it is an assault but if it hits him/her then its battery. iii) False Imprisonment Normally imprisonment means sending someone to jail. False imprisonment means you have restrained someone’s movement e.g. locking someone in the house. In false imprisonment, the defendant unlawfully acts to intentionally cause confinement or restraint of the victim within a bounded area. Accidental confinement is not included and must be addressed under negligence or strict liability. The transferred intent doctrine is applicable to false imprisonment. The victim must be confined within an area bounded in all directions. The bounded area can be, however, a large area, even an entire city.
Image of page 9

Subscribe to view the full document.

Image of page 10

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern