Trespass to Person Flashcards
What is Trespass to Person?
An action that involves the intentional and unlawful interference with another person’s physical health or personal freedom
What is Assault?
An intentional threat of violence to another person, who believes that person will carry out the threat
What is Battery?
An intentional or negligent act where the defendant causes offensive physical contact with the plaintiff
What is False Imprisonment?
When a person intentionally and unlawfully restrains another person without lawful consent
Fill in the blanks. Wrongful acts which violate _________, _________, ___________
Personal security, bodily autonomy, freedom from physical harm
What must Assault involve to be eligible?
- a threat of imminent harm or offensive contact
- a reasonable belief on the part of the plaintiff that the defendant has the ability to carry out the threat
- intention on the part of the defendant
What is the difference between Tort of Law’s assault and battery?
Battery involves actual physical contact
What must Battery involve to be eligible?
- direct application of force towards the plaintiff
- no consent
- fault of the defendant
What must False Imprisonment involve to be eligible?
- Direct interference
- restraint of the plaintiff
- the defendant is at fault
In Tort of Law’s, False Imprisonment, can restraint occur through words? True or False?
Restraint can occur through words if those words constitute a threat of immediate harm
What is the difference between Tort of Law’s assault and battery?
Battery involves actual physical contact
