When you are gonna define trespass always remember these ingredients;
- Consent is the most important feature in trespass, if I have consented I have a right to touch your things, property, and body.
- In trespass there is no need to prove that the damage has been caused to you (claimant), you just have to prove that the tort has been committed by tortfeasor (a person who commits a tort ) and that is known as Actionable per se.
- Your act should be direct and physical.
- Trespass covers freedom of movement, goods and property which means infringement (breach/violation) of your rights.
- It can further define as locking someone with unlawful reasons, hug them without their consent, punching them.
- Unwanted physical contact and infringement of rights that is freedom of movement and bodily integrity can constitute for the trespass to the person.
Example: If the defendant throws a bat/stone/brick and it hits you, you can sue him on the basis of trespass to the person.
There are three types of trespass:
- Trespass to the property;
- Trespass to the goods (things);
- Trespass to the person.
1. Trespass to the person
There are three types of trespass to the person
- False imprisonment
- You are doing something and it gives someone else a reason to think that you are about to attack to use physical violence against them.
- Your words and gestures are enough to fall in this category.
Example 1: I’m calling you and my calls are silence, obviously I’m giving you a reasonable cause to think about me that I’m about to appear at your door and can use physical violence against you. You are expecting that I’m about to attack so in this case your ‘Reasonable Expectations’ are enough.
Example 2: If you are in the custody of police and defendant passing you a threat that If police will not around you-I will punch you, you are expecting a physical violence by him to you but your claim will fail in the court because you were not in immediate danger zone neither could expect an immediate physical violence can use against you by him.
- Battery could be defined as the ‘intentional‘,’direct‘application of ‘force‘
- Further, you can say your intentions and physical force should be there and it must be direct.
- You have acted.
- For claimant there is no need to prove the damage has been caused, what you need to prove is tort has been committed.
- Holding someone without their consent so from that couldn’t able to move can constitute for this category
- Here you act was direct and physical.
Example 1: You are going to the office and I have stopped your way by holding your hand with a force and bad intention to not permit you for the office.
Here defendant act is physical, direct and intentionally.
Example 2: I have thrown a stone at you when you are just standing in front of me.
here my act is direct and intentionally.
- I, myself have a right to be let alone by others,
- Unwanted hug and physical contact without their consent.
You have a pencil and I’m trying to snatch it from your hand with an offensive manner.
- to claim for this element defendant should be intended to harm you (claimant)
Claimant kid was playing behind the parking place where the defendant’s car was parked. Defendant didn’t see that the kid was playing behind the car, he unintentionally bumped his car to kid and claimant child got injured. Here you cannot go on the basis of Battery, the defendant was negligent.
- false imprisonment means to prevent someone’s right of movement with unlawful reason,
- Whether you are locking them in a building or anywhere for a short period.
There were two doors to go outside from one place, somebody stopped you to do not go from first door and allowed you to go from another door. But you didn’t want to go from there, stayed there by your own wish so you cannot claim for false imprisonment because the second route or door was saved for you.
But you can go to court if there was only one route for you and they have detained you for an unlawful reason.
Note: I’m not a lawyer neither a teacher, being a student of law I have tried my level best to convey my message to you. Your contribution would be appreciated whether positive or negative. Thank you!