Torts 2

Question 1

What are the three types of trespass

Answer 1

assault,
battery
false imprisonment.

Question 2

What is a civil assault?

Answer 2

A civil assault requires the plaintiff to reasonably believe that he or she is about to suffer the application of force to the body.

Question 3

What is needed to sue for battery?

Answer 3

A plaintiff may sue for battery if the defendant caused physical contact without consent.

Question 4

What does a defence lie in trespass?

Answer 4

If the plaintiff gave consent to the defendant’s conduct, there can be no liability for trespass to the person. Or If the trespass is unintentional or the interference was indirect then the defendant can claim that no tort occurred.

Question 5

What does trespass to land aim to solve?

Answer 5

The tort of trespass to land aims at protecting the plaintiff from any unauthorized intrusion of his or her land.

Question 6

What does trespass to land involve?

Answer 6

Trespass to land includes walking on another’s property without permission or causing an object such as soil to be pushed on to the plaintiff’s land. Consent or authorization is a defense to trespass to land

Question 7

What does trespass to goods aim to solve?

Answer 7

The tort of trespass to goods aims to protect the plaintiff’s right to enjoy goods in his or her possession without interference from others.