B. Intentional torts, personal harm - Trespass/ to person, assault, battery, false imprisonment

Question 1

What does intentional interference with person deal with?

Answer 1

Mainly deals with trespass, in providing protection from the most basic wrongs

Question 2

Trespass is actionable on the case without proof of damage. True or false?

Answer 2

True.
An unauthorised physical contact that is not harmful but offensive despite the possibility of being beneficial, is actionable. For example, imposition of medical treatment

Question 3

In trespass, what must the plaintiff prove?

Answer 3

The plaintiff need only prove a direct interference with person, land or goods.

Question 4

In trespass, what must a defendant prove?

Answer 4

Any defence by way of justification, authorisation or excuse.

Question 5

What are the 2 key characteristics of a trespass action?

Answer 5

Intent and negligence.

-Positive intent to do something e.g. cross a boundary

-Action is committed negligently e.g. waving arms around carelessly

Question 6

In NSW, who bears onus of proof for trespass as a result of the CLA?

Answer 6

A plaintiff who alleges trespass on the basis of negligence, bears onus of proving all elements of the claim.

Question 7

What is an example of battery without assault?

Answer 7

A sneak attack from behind where the victim is not aware.

Question 8

What is an example of assault without battery?

Answer 8

Pointing a gun towards someone.

Question 9

Once an intentional interference with the plaintiffs physical integrity is proven, the defendant is liable until what is established?

Answer 9

The defendant is liable unless they establish one of the available defences, including consent.