Negligence & Torts
7. Intentional Torts
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Aug 2015
- A claim for an intentional tort can be brought against people who deliberately conduct themselves in a manner that causes harm to another person.
- Trespass to the person is a category of tort involving injury to a person. Trespass to the person includes:
- assault:
- an assault occurs when a plaintiff reasonably fears receiving a battery from a person.
- This includes receiving threats in email, text messages or on social media for example on Facebook.
- The legal test for assault is whether there was reasonable apprehension of an imminent attack;
- battery:
- battery is the intentional infliction of unlawful force on another person without that person’s consent.
- An example is punching someone;
- false imprisonment:
- a plaintiff can bring a claim for false imprisonment against a person who intentionally deprives them of their liberty without lawful justification.
- The detention must prevent free movement in all directions.
- Trespass to land occurs when a person enters property in possession of another without his or her consent.
- Trespass to goods occurs where there is interference with property (other than land). This is called 'interference with chattels'. The term ‘chattels’ comes from old English law and it means tangible personal property (items you can touch or hold). The tort of trespass to chattels occurs when there is interference with someone’s personal property. For example if a person steals goods from another person and refuses to return them on proper demand the aggrieved person may bring an action of trespass to chattels and claim damages.
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