Understanding Trespass to the Person, Goods, and Land

Trespass to the person

If there is direct interference with the person's body, it is called trespass to the person. If the interference is indirect, then it constitutes nuisance. Trespass can be committed with land, the person, and goods. Trespass is a direct action. Injury to the person has four kinds: 1. Assault, 2. Battery, 3. False Imprisonment, and 4. Mayhem

Assault

Assault is an act of the defendant, which causes the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. The essential requirements of assault are:

• There should be some preparation of use of force.
• There should be reasonable apprehension of the use of force.
• There should be the ability of the defendant to carry out the threat.
• This act is of the present. Future threat is not assault.

Use of an empty pistol may constitute assault if a person threatens. Infliction in drama is not assault. Murder is the result of battery. Assault is a tort, a threat without touch, while battery is touch, thus a crime.

Defences in assault:

• Self-defence.
• Property's defence.
• Parental and quasi-parental authority.
• Volenti non fit injuria.
• Lawful authority.
• Inevitable accidents.
• Act of God.
• Act of State.

False imprisonment

False imprisonment means the infliction of bodily restraint, which is not expressly or impliedly authorized by the law. It has two ingredients, i.e., it is unauthorized by law and complete restraint of liberty.

In the case of Bird - v - Jones, Jones wrongfully enclosed a part of a public way on a bridge. They put seats on the bridge to watch a boat race. Bird was insisted to go from the other side. He sued in Court and held there was not complete restraint because another way was available. If one person is detained in a room where a place is available and the detainee knows it, it does not constitute false imprisonment, but if there is a window to escape, but there is a seaside and the detainee cannot escape, it constitutes false imprisonment.

Wardale agreed to work in a mine and was taken down there at 09:00 a.m., later he changed his mind to stay there and wanted to come out. The owner of the mine held him there until 01:30 p.m. He sued for false imprisonment, the Court decided against him. Interrogation for the purpose of inquiry is not false imprisonment.

Trespass to goods

Trespass to land or immovable property