ABSTRACT
Introduction Negligence is only one type of tort. Another type of tort is trespass to the person. Trespass to the person means that any unwanted or unjustified interference with a person’s body, liberty or a creation of fear of such interference is actionable at law. Trespass to the person differs from the tort of negligence in a number of ways. For example: (a) Trespass to the person has no strict requirement to prove the injury or
damage suffered. Trespass is actionable per se; this means that loss or damage is not part of the cause of action. This is because the damage done in a trespass tort is infringement to civil liberty. It therefore follows that damages for trespass to the person may be awarded not only in respect of physical injury but also where there is no physical injury such as in respect of insult, injury to feelings, indignity, disgrace and any mental suffering which may have occurred (Fogg v McKnight (1967)).
