Chapter 11 Key facts checklists

Intentional torts

●    Torts of trespass (in respect of the person, land, and goods) are the oldest torts.

●    The torts of trespass to the person are

      –   battery;

      –   assault; and

      –   false imprisonment.

●    These torts are united by three characteristics. They are

      –   committed intentionally;

      –   take the form of direct harm; and

      –   are actionable per se, that is, without proof of damage.

●    The tort of trespass to land should be understood in outline.

●    An additional intentional tort is derived from Wilkinson v Downton (1897).

●    More recently, this category of harm has been augmented by the Protection from Harassment Act 1997.

●    Trespass to the person involves a significant overlap with the criminal law.