Trespass to the person Flashcards
What is direct interference?
Plaintiff show that the interference w the plaintiff’s person, land or goods is a result of the defendant’s voluntary actions
What is Intention?
- Must have intended the relevant interference w the plaintiff’s person or property
- Motive is IRRELEVANT but actions must be voluntary to be regarded as intentional
What is Lack of Care?
Person acts recklessly thereby committing a direct interference may be liable in trespass
What is actionable per se?
- Plaintiff does NOT need to show any loss or damage as result of the interference
What is the Onus/Burden of Proof?
- Plaintiff is required to prove that the trespassory act occured –> Onus shifts to defendant to disprove fault
- Exception in Highway cases, plaintiff bears the onus of proving fault on part of defendant
What is Assault?
voluntary + positive act which that directly, intentionally OR negligently causes plaintiff to reasonably apprehend imminent contact
What is False Imprisonment?
total restraint on plaintiff’s freedom, whether directly, intentionally or negligently brought about by positive and voluntary act
What is Battery?
Battery = voluntary + positive act which directly/intentionally OR negligently results in contact w plaintiff