TRESSPASS TO PERSON
Meaning: Unlawful action interference others people’s right.
· “Actionable per se” – C can take action against D; even does not suffered damage, but D already cause wrongful action.
· It must be direct and physical action (included word/verbal)
Elements
1. Battery
2. Assault
3. False Imprisonment
BATTERY
Meaning: The direct and intentional application of force to the claimant without their consent.
Elements of Battery
1. FORCE
· Any physical contact with the claimant’s body.
· No requirement for violence or injury.
Cases:
a. R v Chief Constable of Devon and Cornwall
b. Nash v Sheen
c. B v An NHS Hospital Trust
2. MENTAL ELEMENT
· D has intention to use force against C
Cases:
a. Letang v Cooper
b. Wilson v Pringle
ASSAULT
Meaning: An Act of D towards P which causes P avoids immediate violence.
Elements of Assault
1. IMMEDIATE VIOLENCE
· Frightening act that put C in fear
· D has possibility to make immediate violence towards C
Cases:
a. Thomas V National Union of Mineworkers
b. Stephens v Myers
2. MENTAL ELEMENT
· Had intention to cause a fear even not carry out the action
Case: R v St Gorge
FALSE IMPRISONMENT
Meaning: unlawful prevention of another from exercising their freedom of movement
D unlawfully prevent C from his freedom of movement
Elements of False Imprisonment
1. IMPRISONMENT
C has to be “completely deprived” (cannot move in any direction)
But if there is alternative ways:
If it is safe, it is not FI.
If it is not safe, it is a FI.
Case: Bird v Jones
2. POSITIVE ACT
The act must be done by D
Case: Sayers v Harlow Urban District Council
3. KNOWLEDGE OF DETENTION
Do not need the C knowledge for false imprisonment
Case: Meering v Brahame White Aviation
4. MENTAL ELEMENT
No intention: because strict liability