W2 torts - Trespass to the person

1. Intentional Torts

Civil wrongs that protect a person’s body, land, and property from unwanted interference.

• they are committed with intention.

Types of Intentional Torts

Trespass to the person, trespass to land, trespass to goods (including detinue and conversion).

Trespass vs Negligence

o   Trespass focuses on direct interference, while negligence requires proving duty, breach, and causation.

·      Trespass Actions

o   Historically developed to maintain the King's peace and discourage unlawful retaliation.

·      Actionable Per Se = ‘as is’

o   Trespass claims do not require proof of harm or damage.

·      Elements of Trespass to the Person + Three Torts Under Trespass to the Person

o   Direct interference, fault (intentional, reckless, or negligent), and no lawful justification.

o   Battery, Assault, and False Imprisonment.

Battery, assault, false imprisonment

1. Battery

o   Unlawful physical contact without consent, either intentional or reckless.

·      Elements of Battery

o   Intentional act, direct contact, positive act, and unlawful touching.

·      Examples of Battery

·      Spitting on someone, pulling a chair out from under someone, or unwanted medical procedures.

2. Assault

·      An act causing a person to reasonably apprehend imminent harmful or offensive contact.

·      Elements of Assault

·      Threat, reasonable apprehension, immediacy, and intention or recklessness.

3. False Imprisonment

·      The total restraint of a person’s liberty without lawful justification.

·      Elements of False Imprisonment

·      Intentional act, total deprivation of liberty, and no reasonable means of escape.

·      Burden of Proof in Trespass Cases

·      Plaintiff must prove interference, defendant must prove lack of fault (except for highway accidents).

·      Williams v Milotin (1957)

Case that confirmed plaintiffs can sue in either trespass or negligence for direct, unintentional harm

·      Venning v Chin (1974)

·      Established that plaintiffs in highway cases must prove all elements of trespass, including fault.

significance of Williams a d venting cases

x5 key features of intentional torts (WILL be using this ALOT!!)

tort of battery

1. element;

2. element;

element 3';

·      Scott v Shepherd (1773)

ASSAULT

FALSE IMPRISONMENT

false imprusonment cases

KEY CASE; Myer Stores & Ors v Soo (1991) 2 VR 597

·      False Imprisonment Without Physical Barriers

= Situation of you don’t have to be physically locked up in a room or tied to a chair to be falsely imprisonment.

• You could be falsely imprisoned because you feel that you have no option but to remain in a particular situation.

• Due to authority etc.