TRESSPASS TO THE PERSON

Question 1

Which three categories fall under this heading?

Answer 1

False imprisonment
Battery
Assault

Question 2

What are three characteristics of the three sections?

Answer 2

Must be committed intentionally
Causes direct interference with C’s rights.
Actionable ‘per se’

Question 3

What is battery defined as?

Answer 3

Actual infliction of an unlawful force on another person.

Question 4

What elements are required for battery?

Answer 4

Intention to act
Application of direct and immediate force
Contact is unlwaful

Question 5

Does it matter if consequences were not intended?

Answer 5

Only the act needs be intended

An unintended victim can claim on basis of transferred intent

Question 6

What is assault?

Answer 6

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

Question 7

What are the mental requirements for assault?

Answer 7

The same as battery

Question 8

What are the elements required for false imprisonment?

Answer 8

Intention to restrict C’s freedom of movement
Complete restriction of movement
Without lawful authorisation

Question 9

What are the defences for trespass to the person?

Answer 9

Consent
Necessity
Ex turpi causa
Contributory negligence
Self defence