Tort 1 - Intentional Torts Flashcards
What is trespass to land?
Unlawful direct interference with the claimant’s possession of land
What does ‘possession’ mean in relation to trespass to land
- Exclusive possession
What does ‘land’ mean in relation to trespass to land
- Land and buildings erected
- Airspace and surface underneath the land
‘what is unlawful direct interference’
- Persons action creates contact with the land
- Unlawful = without permission of owner and causes damage
What intention must the defendant have in trespass to land
Intention to go onto or causing an object to go onto the land - not trespass or damage itself
What is Trespass to the person
- Battery
- Assault
- False imprisonment
What is battery
Intentional direct application of unlawful force to the claimants person
Explain unlawful force in relation to battery
Unwanted physical contact
What is the intention of someone committing a battery
- The act of applying force must be intentional
- Intend application of force not battery itself
- Involuntary act not battery
What is Assault
Apprehension of a battery
What is the intention for someone to be guilty of assault?
Intended the claimant to apprehend the use of force
What does apprehension of force mean?
- Must be aware of the threat of force
- Claimant does not have to be afraid
What is false imprisonment?
Unlawful constraint of claimant’s freedom of movement from a particular place
What is the intention of someone guilty of false imprisonment?
Must intend to restrict movement but does not need to intend unlawful constraint
What does constraint on freedom of movement mean?
- Complete constraint - no other way to escape
