– Trespass to Person
Trespass to Person
Trespass to Person is a direct and intentional interference with a person's body or liberty without lawful justification or consent. It protects an individual’s personal security and freedom from unwanted physical contact or restraint.
Key Torts Under Trespass to Person:
Assault
Definition: An act that causes another person to apprehend immediate and unlawful personal violence.
Essentials:
Intention to cause fear or apprehension.
No need for physical contact.
Example: Raising a fist in a threatening manner causing fear.
Battery
Definition: The actual infliction of unlawful physical force on another person.
Essentials:
Direct and intentional physical contact.
Without consent or lawful excuse.
Example: Hitting, pushing, or unwanted touching.
False Imprisonment
Definition: Unlawful and intentional restriction of a person's freedom of movement without consent or legal authority.
Essentials:
Complete confinement or restraint.
No reasonable means of escape.
Example: Locking someone in a room against their will.
Elements of Trespass to Person:
Directness: The act must directly cause the harm or interference.
Intent: The act must be intentional or voluntary.
Lack of Consent: The victim did not consent to the interference.
Absence of Legal Justification: No lawful excuse or authority for the act.
Remedies:
Damages: Compensation for physical injury, emotional distress, or loss of liberty.
Injunction: To prevent further trespass or interference.
Punitive Damages: In cases of malicious or egregious conduct.
Summary Table:
| Tort | Definition | Key Feature |
|---|---|---|
| Assault | Causing fear of immediate harm without contact | Intention to cause apprehension |
| Battery | Actual unlawful physical contact | Physical touching without consent |
| False Imprisonment | Unlawful restraint of freedom of movement | Complete confinement without escape |
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