Category: Personal Trespass

Medical Practitioners’ Liability Claims may be taken against medical practitioners on the basis of a battery.  This may sound intuitively surprising.  A battery is a tort involving the direct application of force to the body.  Consent is a defence. The courts have devolved the principle, so that consent must be informed.  The essence of a […]

There are a number of defences to Trespass.   Consent is a defence to trespass. It may be express or implied. Some cases turn on a defective consent. Some medical claims are based on inadequate explanation or consent . Consent must not be obtained lawfully. It must  not be obtained by duress or by fraud. […]

Trespass Trespass covers a wide category of directly inflicted civil wrongs. Trespass to the person includes direct physical assault and threats to do so. The injury, damage or interference must arise from a direct physical action. If a person has suffered loss, but it cannot be shown to have resulted from a direct intentional action, then […]

Nature of False Imprisonment A person who causes or assist in the continuance of a confinement may be liable for the tort of false imprisonment. False imprisonment is a detention of a person against his will.  Actual restraint is not necessary, provided the victim believes he cannot escape. The victim need not suffer damage or an […]