Trespass to person

Definition:- an unlawful intrusion that interferes with ones body or clothes

- physical touching, causing fear or threat of harm
4 types of trespass to person: assault, battery, false imprisonment, intentional
physical harm other than trespass to person
False imprisonment:
Definition
- intentional confinement or restraint of another persons freedom of movement without
authority or justification and without that persons consent
- if there is a reasonable escape route there will be no false imprisonment
3 elements of false imprisonment: intention to restrain the Pf, Dfs direct action to
restraint, complete restraint
1st element: intention to restrain the Pf
- must hv intention to restrain the Pf
- Elphinstone v Lee Leng San
- fales imprisonment cannot occur through negligence( intention to restrain is necessary)
2nd element: Dfs direct action to restraint
- the confinement is caused as a consequence of Dfs direct action to restrain Pf
- Harnett v Bond
- the court held that when the person told the Pf to stay and wait, it was false
imprisonment. Psychological force is enough.
3rd element: complete restraint
- no means of escape
- Bird v Jones
- no false imprisonment because he was able to use another side of the street
- knowledge of the Pf that she was falsely imprisoned is not required (Meering v Graham
White Aviation)
- contract: if the Pf enters a premises under a contract he cannot later sue for false
imprisonment
- unlawful restraint by authority amounts to false imprisonment (Abd Malek v Borhan)
Principle in Wilkinson v Downton

- FOC- as a practical joke, the Df told the Pf that her husband was badly injured in an
accident. The Pf got a violent shock and it affected her nervous system resulting in weeks
of incapacity and suffering.
- the court held that the Df was liable as he had intentionally performed the act which
caused harm to the Pf.
Intentional infliction of emotional distress
- the Df has deliberately sought to cause psychological harm to the Pf through outrageous
conduct
4 elements under the principle in Wilkinson v Downton
1. Positive act or statement: x omission
2. Intention to commit the act- deliberate and malice
3. The act is outrageous in nature, causing danger or suffering which is foreseen to
happen to the Pf
4. Damage to the Pf- psychological harm- actual damage must be proven
Cases applied Wilkinson v Downton
1. Janvier v Sweeney
2. Khorasandjian v Bush