Trespass

Question 1

What is a trespass?

Answer 1

Intentionally infringing someone’s right; right to personal safety and integrity, which can include trespass to: goods; land and to the person.

Question 2

What thee elements must be proved

Answer 2

committed intentionally, cause direct and immediate harm and are action per se (without proof of damage).

Question 3

What is the aim of trespass

Answer 3

to vindicate the claimant’s right to be

Question 4

Case of vindication rises- there was value in vindication

Answer 4

• Ashley v Chief Constable of Sussex, Sussex

Question 5

Facts of Ashley

Answer 5

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.

Question 6

Where are the definitions for the torts of trespass set out

Answer 6

Collins v Wilcock

Question 7

What did Collins v Wilcock define battery as

Answer 7

‘the actual infliction of unlawful force on another person’

Question 8

What did Collins v Wilcock define Assault as

Answer 8

‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’

Question 9

What did Collins v Wilcock define false imprisonment as

Answer 9

‘the unlawful imposition of constraint upon another’s freedom of movement from a particular place’