Tresspass To Person

Question 1

What is assault?

Answer 1

Assault it the deliberate act of the defendant which causes the claimant to reasonably apprehend the infliction of battery on them

Actionable per se i.e, without need to prove the claimant sulteed any harm

Question 2

What is battery ?

Answer 2

Battery is the unlawful/ unjustified intentional and dired application of force to an individual

Actionable per se i.e, without need to prove the claimant sulteed any harm

Question 3

What is False Imprisonment?

Answer 3

False imprisonment is the definition of bodily restraint which is not expessly or impliedly authorised by law

Actionable per se i.e, without need to prove the claimant sulteed any harm

Question 4

When person is restrained by legal authority ?

Answer 4

It the person being falsely imprisoned was being restraine ay a legal authority or it the person restraining them was doing so through the legal duty, this would be a full defence (Defence of authority).

Question 5

‘’ If you don’t let me go… „

Answer 5

Negated assault

Question 6

Trespass to goods definition :

Answer 6

Tresspass to goods is the deliberate interference with goods in the possession of another.

Question 7

Trespass to person; deliberate interference with goods must be:

Answer 7

1. Interference must be direct ;
2. Sufficiently to merely touch the property;
3. Moving, damaging or using property is sufficient - actionable as per se i.e
4. Due to actionable as per se, any interference constitutes of a wrong

Question 8

Trespass to goods: liability ?

Answer 8

Liability is strict in that they do not need to act intentionally or negligently but their actions must be voluntary.
> If wilfully break or destroy goods this is conversation / Trespass to goods.

Question 9

horseplay ? (Cases)

Answer 9

Wilson v Pringle
Blake v Galloway

Question 10

What defences are available ?

Answer 10

1. Consent
2. Self-defence