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Chapter 6: Trespass to the person

Chapter 6: Trespass to the person

pp. 263-310

Authors

, Monash University, Victoria, , RMIT, , La Trobe University, Victoria, , The Open University, Milton Keynes, , University of Southern Queensland, , Deakin University, Victoria, , La Trobe University, Victoria, , University of Wollongong, New South Wales
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Extract

‘Trespass’ is a generic term encompassing a set of wrongs involving direct, and usually intentional, interference with either the person or property affected. There are three different forms of trespass actions: trespass to the person, trespass to land and trespass to goods (chattels).

These trespass actions create a number of fundamental common law rights protecting a plaintiff’s personal dignity, desire for autonomy, interests in the physical integrity of people’s body and the exclusive possession of land and goods. While the common aim of these forms of action is to protect the fundamental common law rights of a person, the ingredients of each tort are quite disparate.

This chapter first considers the historical origins of trespass, before discussing the trespass action. It then deals with the tort of ‘trespass to the person’ as well as three nominate torts under this form of action, before discussing remedies available for trespass to the person.

Keywords

  • tort law
  • Australia
  • wrongs
  • tort
  • trespass
  • trespass to the person
  • remedies
  • action on the case

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