Law of Tort : Trespass to Person

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