Trespass To Person Lecture - Universiti Malaya

Intentional Torts: A. TRESPASS TO PERSON Faculty of Law, Universiti Malaya  Dr Faizah Nazri Abd Rahman  LL.B (Hons)(Sheff Hallam), LL.M (Soton), PhD (City Lond)  Room: 2.33  Contact:  [email protected]  Teams  Spectrum  03-79676548  Areas of interest: Tort Law,...

Intentional Torts: A. TRESPASS TO PERSON Faculty of Law, Universiti Malaya  Dr Faizah Nazri Abd Rahman  LL.B (Hons)(Sheff Hallam), LL.M (Soton), PhD (City Lond)  Room: 2.33  Contact:  [email protected]  Teams  Spectrum  03-79676548  Areas of interest: Tort Law, Maritime Law, Carriage of Goods by Sea and Admiralty Law.  Intentional torts are generally wrongs committed against either persons, property or goods which involve a certain level of intent or knowledge.  In the past, actions were begun with ‘writs’. In the early days of the law, trespass was the entire law of torts. Writs were issued alleging breach of the king’s peace and the charge was ‘forcible injury’. Over time, there was a separation of the types of injuries that were caused directly or intentionally and those that were caused carelessly or negligently.  Today, we thus have the torts of intention (i.e. trespass to person, property and goods) and the tort of negligence. 3 types of Intentional Torts: 1. Trespass to person 2. Trespass to land 3. Interference with goods The common element in this branch of tort is the ‘mental state of the defendant’ i.e. intention  Letang v Cooper : intention must exist at the time the defendant does his act. If the defendant was careless in acting as he did, the cause of action would lie in negligence and not in trespass.  Therefore, intention is an important element, without it an action should not be brought in trespass.  Intentional torts require an intentional state of mind on the part of the Defendant to cause a certain result from his or her actions.  Intentional torts may involve physical harm to another or harm to another’s property.  Intentional tort requires a deliberate action. The purpose behind intentional torts is to protect the interests or rights of persons. ✓ Trespass to persons – protect the physical and mental bodily integrity of a person & person’s right to movement. ✓ Trespass to property and goods - to protect the right of a person to own and enjoy his possessions. If you touch someone without their permission, even if you don’t injure them, you have violated their bodily integrity. This is why these actions are actionable per se (plaintiff need not have to prove any damage!) because the hurt that is caused is the violation of these interests. 3 general elements of trespass: 1. A positive act (and not omission); 2. A direct consequence of the defendant’s act towards the plaintiff or his land/goods; and 3. Plaintiff need not have to prove any damage/injury/loss (actionable per se)  INTENTIONAL TORTS A. TRESPASS TO PERSON  3 types of trespass to person: 1. Assault 2. Battery 3. False imprisonment  The tort in Wilkinson v Downton (another tort that of intentional physical harm other than trespass to person) will also be discussed in this topic.