Tort - Intentional Torts: Trespass to Land, Person and Goods

Question 1

A tort

Answer 1

A civil wrong

Question 2

Trespass to land

Answer 2

Unlawful, direct interference with the claimant’s possession of land

Defendant only needs to intend the act of entering the land not necessarily an intention to trespass

No defence that you mistakenly thought you owned the land

Includes the land, any buildings erected on the land, surface, sub-soil and airspace above the land

Question 3

Trespass to the person

Answer 3

1. Battery
2. Assault
3. False imprisonment

Question 4

Battery

Answer 4

Direct and intentional application of unlawful force to the claimant’s person

Question 5

Assault

Answer 5

Intentional act which causes the claimant to reasonably apprehend the immediate and direct infliction of unlawful force on their person

Apprehension of a battery

Words may constitute an assault

Question 6

False Imprisonment

Answer 6

Unlawful constraint of claimant’s freedom of movement from a particular place

Form of restraint must be complete - e.g. there cannot be another way of escaping

Question 7

Trespass to goods

Answer 7

Intentional and direct interference with the claimant’s possession of goods

Less serious interference: trespass to goods

More serious interference: conversion

Question 8

Conversion

Answer 8

Dealing with goods which is seriously inconsistent with the rights of the owner

Defendant need only intend to do the act which constitutes a conversion, the defendant need not intend to infringe the claimant’s rights