General introduction to trespass Flashcards
What is the tort of trespass
Intentionally infringing someone’s right; right to personal safety and integrity, which can include trespass to: goods; land and to the person.
What do the torts of trespass have in common
committed intentionally and actionable per se
What is the aim of trespass
to vindicate the C’s right to freedom from interference wither to his or her person, property of goods
What is the purpose of the torts of trespass
to compensate and put C back into the position he would have been in if the tort had never occured
Case in which is can be said vindication rises
Ashley v CC of Sussex Police: Sussex police plan a raid on someone’s house which led to Ashley being killed by a firearms officer. His estate brought a claim both in negligence and in trespass to the person in battery. The police admit negligence, will not admit to intentionally shooting Ashely. Compensation is the same either way, hence because admitted negligent it should be struck out and not continue as they will not be able to get more compensation.
HoL reject this, you can continue your case in battery, a finding of battery marks the fact someone has intentional infringed your right to personal integrity- don’t get that with negligence. There is value in vindication.
Case in which vindication fails
R (Lumba) V SS: claim for false imprisonment for failed asylum seeker detained on the basis of a secret policy. Court held there would be no additional damages awarded for vindication.
Where are the general definitions for the torts of trespass set out
Collins v Wilcock
What is a battery
the actual infliction of unlawful force on another person
What is an assault
an act which causes another person to apprehends the inflection of immediate, unlawful force on his person
What is false imprisonment
the unlawful imposition of constraints upon another’ freedom of movement from a particular place
Case which indicates the torts of trespass are actionable per se
Slater v Swann: do not have to show damage as long as you can prove there has been an action, wouldn’t get compensation though
Can a tort of trespass be committed negligently?
No trespass is about the intentional infliction of harm
Case which illustrates cannot bring a claim in negligence for trespass
Letang v Cooper: ‘when the injury is not inflicted intentionally but negligent, I would say that the only cause of action is in negligence and not trespass’
Can you commit a trespass through recklessness
Yes, acts done or words said reckless as to whether they cause damage give rise to an intentional tort
case which demonstrates that intention takes recklessness
Pritchard v Co-operative Group” intentional must embrace recklessness
