Trespass has been variously defined as an unlawful interference with one’s person, property or rights.
At common law , trespass was a form of action brought to recover damages or monetary compensation for any injury to one’s person or property or relationship with one another . In other words, any unauthorized intrusion or invasion of private premises or land of another.
Trespass to the person comprises three torts (legal injury) namely:-
(1) Assault , (2) battery, (3) false Imprisonment. All these are actionable per se i.e without the need to prove actual damage. They exist to protect the individual’s right to personal liberty, security, and dignity.
ESSENTIAL INGREDIENTS OF TRESPASS
Assault consists of any act which puts the victim in fear of a potential attack e.g where an assailant approaches menacingly with a clenched fist, Knife , firearm or any other weapon . It is sufficient for liability that a reasonable man would have been afraid in the circumstances (an objective not a subjective test ) It is not mandatory that the victim should be actually strucked (which would otherwise amount to battery) the legal injury which the law seeks to prevent here is apprehension of mental anxiety.
Battery on the other hand is the direct application of force to the plaintiff’s body for example, by shooting or striking him, throwing stones at him, spitting at him or setting a dog upon him.
Battery generally connote a hostile act but sometime may not be so for example, it is a battery to kiss a woman against her will, or holding a person’s hand in the cause of an unlawful arrest or taking his finger print unlawfully.
False Imprisonment In law connote any wrongful physical restrain of a person. It is not limited to merely locking a man up in prison but equally involve any restrain upon his person which prevents him from leaving the place or venue where he is.
This tort will not be committed unless the victim’s freedom of movement in any direction is restricted and there is no reasonable avenue for egress.
False imprisonment usually involve an element of physical force against the victim, but force is not necessarily an ingredient to be proved , the use of authority is sufficient for instance, where a police officer wrongfully ordered a person to follow him to the station for questioning , such an officer may be said to have committed the tort of false imprisonment.
DEFENCES TO TRESPASS
(1) Self – defence :- An Assault or battery is justified if committed in self- defence or in self – defence of another person who was attacked by an assailant.
(2) Defence Of Property :- An assault or Battery is justified if committed in defence of the defendant’s own property ( whether land or Chattels) or of property which the defendant is defending as agent of the owner . But the forced used most be no more than necessary i.e must be proportional to that used by the assailant .
About the Author EMMANUEL BADA
IKEJA, LAGOS, NIGERIA I am an Attorney-at-law, Solicitor, Chartered Mediator and Conciliator,Motivational Speaker,Consultant on Personal Development and Leadership Training and skill acquisition , an extrovert, my philosophy about life is rendering gratuitous service to humanity and touching lives positively.
At common law , trespass was a form of action brought to recover damages or monetary compensation for any injury to one’s person or property or relationship with one another . In other words, any unauthorized intrusion or invasion of private premises or land of another.
Trespass to the person comprises three torts (legal injury) namely:-
(1) Assault , (2) battery, (3) false Imprisonment. All these are actionable per se i.e without the need to prove actual damage. They exist to protect the individual’s right to personal liberty, security, and dignity.
ESSENTIAL INGREDIENTS OF TRESPASS
Assault consists of any act which puts the victim in fear of a potential attack e.g where an assailant approaches menacingly with a clenched fist, Knife , firearm or any other weapon . It is sufficient for liability that a reasonable man would have been afraid in the circumstances (an objective not a subjective test ) It is not mandatory that the victim should be actually strucked (which would otherwise amount to battery) the legal injury which the law seeks to prevent here is apprehension of mental anxiety.
Battery on the other hand is the direct application of force to the plaintiff’s body for example, by shooting or striking him, throwing stones at him, spitting at him or setting a dog upon him.
Battery generally connote a hostile act but sometime may not be so for example, it is a battery to kiss a woman against her will, or holding a person’s hand in the cause of an unlawful arrest or taking his finger print unlawfully.
False Imprisonment In law connote any wrongful physical restrain of a person. It is not limited to merely locking a man up in prison but equally involve any restrain upon his person which prevents him from leaving the place or venue where he is.
This tort will not be committed unless the victim’s freedom of movement in any direction is restricted and there is no reasonable avenue for egress.
False imprisonment usually involve an element of physical force against the victim, but force is not necessarily an ingredient to be proved , the use of authority is sufficient for instance, where a police officer wrongfully ordered a person to follow him to the station for questioning , such an officer may be said to have committed the tort of false imprisonment.
DEFENCES TO TRESPASS
(1) Self – defence :- An Assault or battery is justified if committed in self- defence or in self – defence of another person who was attacked by an assailant.
(2) Defence Of Property :- An assault or Battery is justified if committed in defence of the defendant’s own property ( whether land or Chattels) or of property which the defendant is defending as agent of the owner . But the forced used most be no more than necessary i.e must be proportional to that used by the assailant .
About the Author EMMANUEL BADA
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