Trespass to Person

Question 1

What is trespass to the person?

Answer 1

A foundational concept in tort law aimed at protecting individuals from direct and intentional interference with their bodily integrity and personal liberty.

It encompasses three primary torts: assault, battery, and false imprisonment.

Question 2

What are the three primary torts encompassed by trespass to the person?

Answer 2

• Assault
• Battery
• False imprisonment

Question 3

Define battery in tort law.

Answer 3

The intentional application of force to another person.

Question 4

Define assault in tort law.

Answer 4

The intentional act of putting another person in fear of an imminent battery.

Question 5

True or False: Assault is the act that causes fear of imminent harm.

Answer 5

True

Question 6

True or False: Battery requires direct bodily contact.

Answer 6

False

Question 7

What constitutes battery?

Answer 7

Applying force to another person, which can include throwing objects or indirect contact through material objects.

Question 8

Provide an example of battery.

Answer 8

Slapping someone on the face.

Question 9

Provide an example of assault.

Answer 9

Approaching someone with a clenched fist in a threatening manner.

Question 10

What is the test for assault?

Answer 10

It is objective; a reasonable person must fear imminent violence.

Question 11

What is false imprisonment?

Answer 11

The wrongful or unlawful restriction of a person’s freedom of movement.

Question 12

What must occur for false imprisonment to be established?

Answer 12

The plaintiff’s freedom of movement in every direction must be restricted.

Question 13

True or False: Partial restraint constitutes false imprisonment.

Answer 13

False

Question 14

What is a notable case involving false imprisonment?

Answer 14

Aigoro v. Anebunwa

Question 15

What defenses can be invoked against trespass to the person?

Answer 15

• Consent
• Self-defense
• Defense of others
• Defense of property
• Necessity
• Lawful authority

Question 16

What is the principle of self-defense in tort law?

Answer 16

Assault or battery is justified if committed in reasonable defense of oneself or another.

Question 17

What is required for justifiable force in defense of property?

Answer 17

The force used must be no more than necessary.

Question 18

True or False: A parent may lawfully discipline a child without liability for assault or battery.

Answer 18

True

Question 19

What constitutes consent in tort law?

Answer 19

If the plaintiff consents to what would otherwise constitute an assault or battery.

Question 20

What is lawful arrest as a defense?

Answer 20

A lawful arrest provides a defense to actions for assault, battery, and false imprisonment.

Question 21

What must a defendant prove if claiming a lawful arrest without a warrant?

Answer 21

Reasonable grounds for suspicion at the time of the arrest.

Question 22

What is the significance of the case Oteri v. Okorodudu?

Answer 22

It emphasized that reasonable suspicion must be based on facts known at the time of arrest.

Question 23

True or False: A report to the police alone makes a person liable for false imprisonment.

Answer 23

False

Question 24

What happens if an arrest is made under a defective warrant?

Answer 24

No criminal liability arises, but liability in tort cases remains unclear.

Question 25

What is necessary for a defendant to be liable for false imprisonment regarding mistaken arrests?

Answer 25

If they authorize or direct an arrest that turns out to be unwarranted.