Chapter 11 Key facts checklists
● 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.