Intentional Interference to the Person - Legal practice skill: Classifying torts and managing limitation periods

Abstract

Chapter 15 introduced the intentional tort of interference to land. This chapter will consider another intentional tort, that of trespass to the person. Trespass to the person actions reflect the importance of personal integrity, liberty and individual safety in both contemporary society and historically. The historical importance of trespass to the person actions can be gleaned from the fact that affronts to the liberty of the person were some of the earliest actionable torts. As the name suggests, trespass to the person relates to instances where an individual or individuals affront or trespass on another individual/s. Battery, assault and false imprisonment are the three main trespass to the person actions. Battery relates to an unlawful touching of one person by another, assault relates to the apprehension of immediate contact and false imprisonment relates to unlawfully imprisoning another. It needs to be noted that, as with trespass to land, trespass to the person is actionable per se. Thus, there does not need to be any quantifiable damage for there to be a viable action. In recent times, novel actions relating to trespass to the person have become more prevalent. In particular, trespass to the person actions have been launched by victims of domestic violence, child abuse and bullying.