Trepass Of The Person Flashcards
1
Q
Trespass of the person - definition
A
An intentional and direct interference with the person or liberty of another
2
Q
Elements of trespass of the person
A
Assault, battery and false imprisonment
3
Q
Assault and battery definition
A
Assault is an act of the defendant which causes the claimant reasonable apprehension of the infliction of a battery on him by the defendant
Battery - is the intentional and direct application of force to another person
4
Q
Requirement of assault
A
Fear of being battered
Apprehension that you are about to be hit
5
Q
Requirements of battery
Case
A
Define in Wilson v Pringle Deliberate physical contact or touching Hostility by the defendant Hit another by mistake transference of intention Words alone can be assault r v Ireland
6
Q
Defences to trespass of the person
A
Consent Lawful arrest Defence of the person Defence of property Necessity Contributory negligence
