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- n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight.
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Sep 2, 2024 · The police officer concerned must reasonably believe that an assembly will be held which will involve a trespass on land and that it may result in serious disruption to the life of the community...
- Trespass to The Person
- Assault
- Intentional Act
- Reasonable Expectation
- Conditional Threat
- Words and Gestures
- Direct
- Short Delay
- Intentional
- Transferred Intent
There are three main trespasses to the person; Assault, Battery and False Imprisonment. These are actionable per se– which means that a case can be brought even if the claimant suffered no actual damage. It is enough that the act was carried out. They cannot be based on the defendant’s omission or failure to act, they must be based on an action tak...
Assault is defined as an act which directly and intentionally causes the claimant a reasonable expectation of immediate and unlawful physical force.
The defendant must have acted voluntarily and their words or conduct must have been direct and intentional.
The claimant must have reasonably expected the immediate application of unlawful force. This will be based on what the reasonable man would have expected rather than the claimant. There can be no reasonable expectation if it would have been impossible for the defendant to have carried out the threat at the time it was made (Thomas v NUM (1986) (HC)...
If the defendant makes their threat conditional, and not imminent, there can be no reasonable expectation of physical force (Tuberville v Savage (1669) (HC)). Savage had insulted Tuberville who in response, with his hand on the hilt of his sword, said, ‘if it were not assize time I would not take such language from you’. In doing so he admitted tha...
It is possible for words, gestures or even silence to constitute assault if the claimant can be said to have been in immediate fear of physical force. In criminal case of R v Ireland (1998) (HoL)several women had been subject to an extended campaign of harassment by the defendant which included silent telephone calls. The court held that this could...
The application of force must be direct. The classic example of this, stated in Reynolds v Clarke (1725) (HC), is that of someone throwing a log onto a road. If it hits someone when thrown that is a direct act, if someone later trips over the log that would be an indirect act. The former would be trespass to the person, the later a case of negligen...
However, the courts have been flexible with the concept of directness if there is a limited amount of time between the act and the application of force. In Scott v Shepherd (1771) (HC)the defendant threw a lit squib into a crowded market place. Before it hit the claimant it was thrown onward by several market traders. Despite this it still counted ...
The act must be intentional. The defendant need not have intended to cause harm but the application of force must have been either intentional or reckless (Letang v Cooper (1965) (CoA)). Mrs Letang was sunbathing on a patch of grass in front of Mr Cooper’s car. Not knowing she was there he drove his car over her legs. As this act had been carried o...
If Cooper had intended to drive over another sunbather’s legs but instead ran over Mrs Letang he would still have been liable for battery even though he had intended to apply force to a different person. This is called ‘transferred intent’. In Livingstone v Ministry of Defence (1984) (HC)a soldier who had been sent to control a riot shot Livingston...
This law lecture covers the tort of trespass including trespass to the person, trespass to land and trespass to goods, looking at various scenarios and case examples.
Trespass is knowingly entering another owners’ property or land without permission, which encroaches on the owners’ privacy or property interests. There are many laws relating to trespass.
Maintained | Practice notes | England, Wales. A note discussing the court procedure under CPR 55 for obtaining possession of property occupied for residential purposes. The note looks at: Common types of claim where this procedure should be followed. Protection from eviction.
This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw.
This chapter discusses the tort of trespass, which protects and vindicates the basic rights of the citizen against deliberate, even well-meaning, invasion, whether or not any damage is caused. Every positive act which directly invades one of those basic rights is trespassory, and leads to liability unless it is justified in law.
