Tresspass

Introduction

The trouble question relates the legal principle concerning go past to the individual the tort of violate to the person protects the right to personal right and the Writ of trespass is that the act had to be direct and sensual Scott v. Shepherd (1773). This area of trespass is broken down into threesome issues: Assault, battery and False imprisonment. In put in to answer the problem question it would have to be ascertained as to which trespass has occurred and apply it to any relevant statue and slick law where appropriate.

Definition

Trespass to the person is defined as a physical to-do with his or her person.

Explanation

Trespass to the person takes three forms: assault, battery and wrong imprisonment and they carry the same characteristics as Trespass in which they must be committed intentionally, cause direct persecute and are actionable per se without proof of handicap.

The rationale for disparage was illustrated in the case of John Lewis & Co Ltd V Tims 1952. This case related to false imprisonment, Lord porter say that when the liberty of the subject is at stake questions as to the damage sustained become of little importance.



Lord Porter was basically saying that it doesnt matter what damage occurred, the principal(prenominal) fact is that a persons liberty of shift movement had been wrongfully removed.

Differences from the tort of negligence

There is also a need to distinguish intention from negligence which is an important operator in Berts case. In lay mans terms if A was to drop a home base of food everywhere B then that would be deemed as negligence as on that point was no intention to drop the plate of food over B. On the other hand if A were to throw the plate of food over B then this would be deemed as trespass as the intention was there.

This was demonstrated in the case of Letang v Cooper [1964] where the defendant negligently ran over the plaintiff in his car while she was sunbathing on a chip of grass where cars were parked. The...If you want to get a full essay, order it on our website: Orderessay



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