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> Trespass to the Person

Chapter 14: Trespass to the Person

Chapter 14: Trespass to the Person

pp. 685-748

Authors

Rachael Mulheron , Queen Mary University of London
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Summary

This chapter considers three different torts: battery (unlawful physical touching); assault (an apprehension or threat of unlawful touching); and false imprisonment (unlawful confinement or constraint). While their common aim is to protect the integrity of C’s person, the ingredients of each tort are quite disparate.

As a preliminary matter of terminology: trespass to the person is a form of action, but assault, battery, and false imprisonment are causes of action.

Keywords

  • trespass
  • actions on the case
  • battery
  • assault
  • false imprisonment
  • defences
  • provocation
  • self-defence
  • necessity
  • prevention of crime
  • remedies
  • aggravated damages
  • vindicatory damages

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