Trespass to Person and Trespass to Property
1. Trespass to Person
Definition:
Trespass to person occurs when someone intentionally or directly interferes with another person's body or liberty without lawful justification. It includes assault, battery, and false imprisonment.
Types of Trespass to Person
Assault
Definition: An act that causes a person to apprehend immediate and unlawful personal violence.
Key Point: No physical contact is needed; mere threat or gesture suffices.
Case Law: R v Ireland (1997) – Silent telephone calls causing fear were held to constitute assault.
Battery
Definition: The actual infliction of unlawful physical force on another person.
Key Point: Physical contact is required.
Case Law: Collins v Wilcock (1984) – A police officer who grabbed a woman’s arm without consent committed battery.
False Imprisonment
Definition: Unlawful restraint of a person’s freedom of movement.
Key Point: The person is confined without consent and without legal justification.
Case Law: R v Governor of Brockhill Prison, ex parte Evans (2000) – Wrongful detention of a prisoner amounted to false imprisonment.
Essentials of Trespass to Person:
Direct interference with the person.
Intentional act.
Lack of lawful justification.
Defences:
Consent (Chatterton v Gerson, 1981 – medical procedure consented by patient).
Self-defense (Cockcroft v Smith, 1701 – limited force in self-defense is allowed).
2. Trespass to Property
Definition:
Trespass to property occurs when someone directly enters, remains on, or interferes with another person's land or goods without permission or lawful authority.
Types of Trespass to Property
Trespass to Land
Definition: Unlawful entry onto another person’s land.
Key Point: Entry can be by person, object, or even by throwing something onto the land.
Case Law: Entick v Carrington (1765) – Unauthorized entry by government officers onto a person’s property was trespass.
Trespass to Goods / Chattels
Definition: Interference with someone’s movable property without consent.
Key Point: The interference can include damage or unauthorized use.
Case Law: Kuwait Airways Corp v Iraqi Airways Co (2002) – Unauthorized interference with aircraft property constituted trespass.
Essentials of Trespass to Property:
The property must belong to someone.
There must be an intentional or negligent interference.
Interference must be unlawful (without consent or legal right).
Defences:
Lawful authority (e.g., police with a warrant).
Necessity (e.g., entering land to save life or prevent serious damage).
Key Differences Between Trespass to Person and Trespass to Property
| Feature | Trespass to Person | Trespass to Property |
|---|---|---|
| Object of Protection | Human body | Land or movable goods |
| Requirement | Direct interference | Direct or indirect interference |
| Examples | Assault, battery, false imprisonment | Entering land, taking goods |
| Physical Contact | Required for battery | Not always required |
| Defences | Consent, self-defense | Consent, necessity, lawful authority |
Summary:
Trespass to person protects bodily integrity and personal liberty.
Trespass to property protects ownership and possession of land and goods.
Both require intentional or negligent acts without legal justification, but differ in what is protected.
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