Trespass to the person

Question 1

What is direct interference?

Answer 1

Plaintiff show that the interference w the plaintiff’s person, land or goods is a result of the defendant’s voluntary actions

Question 2

What is Intention?

Answer 2

• Must have intended the relevant interference w the plaintiff’s person or property
• Motive is IRRELEVANT but actions must be voluntary to be regarded as intentional

Question 3

What is Lack of Care?

Answer 3

Person acts recklessly thereby committing a direct interference may be liable in trespass

Question 4

What is actionable per se?

Answer 4

• Plaintiff does NOT need to show any loss or damage as result of the interference

Question 5

What is the Onus/Burden of Proof?

Answer 5

• Plaintiff is required to prove that the trespassory act occured –> Onus shifts to defendant to disprove fault
• Exception in Highway cases, plaintiff bears the onus of proving fault on part of defendant

Question 6

What is Assault?

Answer 6

voluntary + positive act which that directly, intentionally OR negligently causes plaintiff to reasonably apprehend imminent contact

Question 7

What is False Imprisonment?

Answer 7

total restraint on plaintiff’s freedom, whether directly, intentionally or negligently brought about by positive and voluntary act

Question 8

What is Battery?

Answer 8

Battery = voluntary + positive act which directly/intentionally OR negligently results in contact w plaintiff