Trespass to person
In this essay, I will start of by discussing what is the meaning of trespass to persons and three type of trespass, which are assault, battery and false imprisonment. These three types of trespass to person must have a few of elements in order to establish. Therefore I will explain the elements and emphasis on intention of each trespass to person. Besides, I will give cases and examples for easy understanding. After that, I will discuss whether intention still important nowadays and whether intention necessary to establish the tort of trespass to persons? Lastly I will conclude the essay with my own opinion.
Trespass to persons means that there is an intentional act that interfere the plaintiff’s person or his body. Trespass simply means no more than “wrong” and trespass cases will usually deal in the local courts. By 1250 the royal writ of trespass had acquired two formal requirement which are the defendant acted vi et armis (with force and arms) and contra pacem (against the King’s peace). Vi et armis means that the claimant can claimed that he or she suffer injuries by the defendant’s act which is with force and arms. For the second requirement, the royal court will only decides on the case that the force was against the King’s peace. Trespass to person are actionable without prove of damage which is actionable per se. This mean that the plaintiff does not need to prove the damage or injury suffered in order to make a claim. Therefore civil rights and person’s dignity is protected. However, there are three types of trespass to person, which are assault, battery and false imprisonment. These types of trespasses can be established if the elements of the trespass are fulfilled.
Assault
“Assault is an act of the defendant which cause the claimant reasonable apprehension of the infliction of a battery on him by the defendant”. Assault will not cause the plaintiff suffered damage but will lead the plaintiff to apprehend the application of force. For example if I
Trespass to persons means that there is an intentional act that interfere the plaintiff’s person or his body. Trespass simply means no more than “wrong” and trespass cases will usually deal in the local courts. By 1250 the royal writ of trespass had acquired two formal requirement which are the defendant acted vi et armis (with force and arms) and contra pacem (against the King’s peace). Vi et armis means that the claimant can claimed that he or she suffer injuries by the defendant’s act which is with force and arms. For the second requirement, the royal court will only decides on the case that the force was against the King’s peace. Trespass to person are actionable without prove of damage which is actionable per se. This mean that the plaintiff does not need to prove the damage or injury suffered in order to make a claim. Therefore civil rights and person’s dignity is protected. However, there are three types of trespass to person, which are assault, battery and false imprisonment. These types of trespasses can be established if the elements of the trespass are fulfilled.
Assault
“Assault is an act of the defendant which cause the claimant reasonable apprehension of the infliction of a battery on him by the defendant”. Assault will not cause the plaintiff suffered damage but will lead the plaintiff to apprehend the application of force. For example if I
Bibliography: Mark Lunney and Ken Oliphant Tort Law, Text and Materials (4th edn, Oxford University Press, 2010) Tony Weir, A Casebook on Tort (10th, Sweet & Maxwell, 2004) Catherine Elliot & Frances Quinn, Tort Law (9th edn, Pearson Education Limited, UK 2013) Nicholas J. McBride and Roderick Bagshaw, Tort Law (4th, Pearson,) Chris Turner and Sue Hodge, Unlocking Torts (3rd, Routledge, 2010) Winfield & Jolowicz, Tort (17th, Sweet & Maxwell, London 2006) Norchaya Talib, Law of Tort in Malaysia (3rd edn, Sweet & Maxwell Asia, Kuala Lumpur 2006) http://www.e-lawresources.co.uk/R-v-Ireland.php