TRESPASS TO THE PERSON

Q Understand the basic origins and character of trespass to the person Q Understand the elements that are common to all forms of the tort Q Understand the defi nition of and essential elements for proving assault Q Understand the defi nition of and essential elements for proving battery Q Understand the defi nition of and essential elements for proving false imprisonment Q Understand the defi nition of and essential elements for proving an action for inten-

tional indirect harm under Wilkinson v Downton Q Understand the basis of liability under the Protection from Harassment Act 1997 Q Be able to critically analyse each tort Q Be able to apply the law to factual situations and reach conclusions

13.1.1 Historical origins Trespass was one of the two original forms of action (see Chapter 1 section 1.1). The term has survived to the present day in the context of specifi c torts, one being trespass to the person. The essence of all modern forms of trespass can be found in the old idea that trespass was the appropriate remedy for any direct and forcible injury. As will be seen, trespass to the person relates to direct and forcible injury to the person. Before turning to the tort itself it is necessary to consider the legal meaning of

Q direct Q forcible and Q injury.