Trespass to Person and Property | Law of Torts - CLAT PG PDF Download

Introduction

Trespass is a tort that involves wrongfully interfering with someone’s person or property. Trespass to person includes acts like assault, battery, and false imprisonment, which harm a person’s body, freedom, or sense of safety. Trespass to property includes trespass to land and trespass to goods, which involve interfering with someone’s land or personal belongings. These torts are important for the CLAT PG exam because they test your understanding of intentional wrongs and their legal consequences. Trespass torts are actionable per se, meaning no actual harm is needed to claim liability—just the wrongful act is enough. These notes explain trespass to person and property in simple language, covering definitions, elements, examples, and key cases to help you prepare for passage-based and theoretical questions.

Trespass to Person

Trespass to person is an intentional tort that involves direct interference with a person’s body, freedom, or safety. It includes three main types: assault, battery, and false imprisonment. Each type has specific elements and requires the defendant to act intentionally.

Assault

What Is It?

Assault is an act that causes the plaintiff to fear immediate physical harm. It involves a threat or attempt to harm someone, without actual physical contact.

Essential Elements

• Intentional Act: The defendant must deliberately do something that creates fear, like raising a fist or pointing a gun.
• Reasonable Fear: The plaintiff must genuinely believe they are about to be harmed. The fear must be reasonable, meaning a typical person would feel threatened.
• Immediacy: The threat must seem like it will happen right away, not later. For example, saying “I’ll hit you tomorrow” is not assault.
• No Contact: Assault does not involve touching; it’s about the fear of harm.

Examples

• A person shakes their fist at someone, making them think they’ll be hit. This is assault.
• Someone points a loaded gun at another person, causing fear. This is assault.
• A person yells “I’ll beat you up later” from far away. This is not assault because the threat is not immediate.

Landmark Cases

• R v. Ireland (1998):
  • The defendant made silent phone calls, causing the victim to fear harm. The court said this was assault because the calls created immediate fear, even without words.
  • This shows assault can happen without physical gestures if fear is caused.
• Stephens v. Myers (1830):
  • The defendant advanced toward the plaintiff with a clenched fist during a meeting, causing fear. The court said this was assault because it was an intentional threat of immediate harm.
  • This case shows that a clear threatening act is enough for assault.

Battery

What Is It?

Battery is the intentional and direct application of physical force to the plaintiff’s body without their consent. It involves actual physical contact, unlike assault.

Essential Elements

• Intentional Act: The defendant must deliberately touch the plaintiff, like hitting or pushing them.
• Physical Contact: There must be direct or indirect contact, like throwing water or touching with an object.
• Without Consent: The contact must be unwanted. If the plaintiff agrees to the touch, it’s not battery.
• No Harm Needed: Battery is actionable per se, so the plaintiff doesn’t need to prove injury—just the contact is enough.

Examples

• A person slaps another person without permission. This is battery.
• Someone throws a stone that hits another person. This is battery because the contact is intentional.
• A doctor touches a patient during a consensual surgery. This is not battery because the patient agreed.

Landmark Cases

• Cole v. Turner (1704):
  • The court said any intentional touching without consent is battery, even if it’s slight, like brushing against someone rudely.
  • This case shows that even minimal contact can be battery if it’s intentional and unwanted.
• Wilson v. Pringle (1987):
  • A boy pulled another boy’s bag, causing him to fall. The court said battery requires hostile intent, meaning the act must be unfriendly or harmful.
  • This case clarified that battery involves intentional, hostile contact.

False Imprisonment

What Is It?

False imprisonment is intentionally restricting the plaintiff’s freedom of movement without legal authority or consent. It involves confining someone so they cannot leave.

Essential Elements

• Intentional Act: The defendant must deliberately restrict the plaintiff’s movement, like locking them in a room.
• Total Restraint: The plaintiff must be completely confined, with no reasonable way to escape. Partial restrictions, like blocking one path, are not enough.
• Without Lawful Justification: The confinement must be illegal, not allowed by law (e.g., police can arrest with authority, but a civilian cannot).
• No Harm Needed: False imprisonment is actionable per se, so the plaintiff doesn’t need to prove harm—just the confinement is enough.

Examples

• A shopkeeper locks a customer in a storeroom, suspecting theft, without proof. This is false imprisonment.
• Someone blocks all exits in a house, trapping a person inside. This is false imprisonment.
• A police officer arrests someone with a valid warrant. This is not false imprisonment because it’s legally justified.

Landmark Cases

• Bird v. Jones (1845):
  • The defendant blocked a bridge, stopping the plaintiff from crossing, but other paths were open. The court said this was not false imprisonment because there was no total restraint.
  • This case shows that partial restriction is not enough for false imprisonment.
• Meering v. Grahame-White Aviation Co. (1919):
  • The plaintiff was questioned in a room and felt unable to leave, even though the door was unlocked. The court said this was false imprisonment because the plaintiff believed they were confined.
  • This case shows that perception of confinement can be enough, even without physical barriers.

[Intext Question]

Trespass to Property

Trespass to property is an intentional tort that involves interfering with someone’s land or personal belongings. It includes two main types: trespass to land and trespass to goods. Both are actionable per se, meaning no harm is needed to claim liability.

Trespass to Land

What Is It?

Trespass to land is intentionally entering or remaining on someone’s land without permission or legal right. It also includes placing objects on the land or causing something to cross its boundary.

Essential Elements

• Intentional Act: The defendant must deliberately enter the land or cause something to enter, like walking on it or throwing trash. Accidental entry is not trespass unless the defendant stays intentionally.
• Direct Interference: The entry must affect the plaintiff’s possession of the land, like stepping on it or leaving objects.
• Without Permission: The defendant must have no legal right or consent to enter. If the owner allows entry, it’s not trespass.
• No Harm Needed: Trespass to land is actionable per se, so the plaintiff doesn’t need to prove damage—just the entry is enough.

Examples

• A person walks into a private garden without permission. This is trespass to land.
• Someone throws a ball onto a neighbor’s property. This is trespass because something crossed the boundary.
• A guest stays in a house after the owner asks them to leave. This is trespass for remaining without consent.

Landmark Cases

• Entick v. Carrington (1765):
  • Government officials entered the plaintiff’s house without legal authority to search it. The court said this was trespass to land because there was no permission.
  • This case shows that even officials need legal justification to enter private land.
• Southport Corporation v. Esso Petroleum (1954):
  • A ship spilled oil that reached the plaintiff’s land. The court said this was trespass because the defendant caused something to enter the land intentionally.
  • This case shows that causing objects to cross boundaries is trespass.

Trespass to Goods

What Is It?

Trespass to goods is intentionally interfering with someone’s personal property (movable items) without permission. It involves touching, moving, or damaging goods.

Essential Elements

• Intentional Act: The defendant must deliberately interfere with the goods, like taking, moving, or damaging them.
• Direct Interference: The act must affect the plaintiff’s possession or use of the goods, like stealing a phone or scratching a car.
• Without Permission: The interference must be without the owner’s consent or legal right.
• No Harm Needed: Trespass to goods is actionable per se, so the plaintiff doesn’t need to prove damage—just the interference is enough.

Examples

• A person takes a bicycle from a garage without permission. This is trespass to goods.
• Someone scratches a car intentionally. This is trespass because it interferes with the owner’s property.
• A shopkeeper moves a customer’s bag with permission to clean. This is not trespass because there was consent.

Landmark Cases

• Kirk v. Gregory (1876):
  • The defendant moved jewelry from one room to another without permission, and it was stolen. The court said this was trespass to goods because the defendant interfered with the owner’s possession.
  • This case shows that moving goods without consent is trespass, even if no damage occurs.
• Fouldes v. Willoughby (1841):
  • The defendant removed the plaintiff’s horse from a ferry to stop him from traveling. The court said this was trespass to goods because it was intentional interference with possession.
  • This case shows that taking goods temporarily is still trespass.

Key Takeaways

• Trespass to Person: Includes assault (threat of harm), battery (unwanted contact), and false imprisonment (unlawful confinement), all requiring intention and actionable per se.
• Trespass to Property: Includes trespass to land (entering without permission) and trespass to goods (interfering with movable items), both intentional and actionable per se.
• Assault: Needs intentional threat, reasonable fear, and immediacy, like pointing a gun.
• Battery: Needs intentional, unwanted contact, like hitting someone, no harm required.
• False Imprisonment: Needs intentional, total restraint without justification, like locking someone in.
• Trespass to Land: Needs intentional entry or interference with land, like walking on private property.
• Trespass to Goods: Needs intentional interference with goods, like taking a bike.
• Cases: Learn R v. Ireland (assault), Cole v. Turner (battery), Bird v. Jones (false imprisonment), Entick v. Carrington (land), and Kirk v. Gregory (goods).
• Exam Tips: Practice identifying trespass types in scenarios, memorize case principles, and analyze passages for CLAT PG questions.