Trespass

Lore & Background

Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and false imprisonment. Through the evolution of the common law, most jurisdictions now broadly recognize three trespasses to the person: assault, which is any act exciting an apprehension of battery; battery, any intentional and unpermitted contact with the plaintiff's person; and false imprisonment, the unlawful obstruction or deprivation of freedom from restraint of movement. Whether intent is a necessary element of trespass to the person varies by jurisdiction; under English decision Letang v Cooper, intent is required, while in other jurisdictions gross negligence suffices.

Reader's Guide

Trespass to chattel does not require a showing of damages; simply intermeddling with or use of another's personal property gives cause of action. Since CompuServe Inc. v. Cyber Promotions, Inc., courts have applied trespass to chattel principles to unsolicited bulk e-mail and unauthorized server usage. Trespass to land generally does not require proof of harm; liability for unintentional intrusions varies by jurisdiction. Under the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or involving highly dangerous activity. Trespass has also been treated as a common law offense in some countries. Defenses include child correction, where corporal punishment by parents or instructors may be a defense if reasonably necessary, and consent, where participation in a sporting activity with ordinary physical contact implies consent.

Did You Know?

• Trespass to the person historically included six separate trespasses: threats, assault, battery, wounding, mayhem, and false imprisonment.
• Trespass to chattel does not require a showing of damages; intermeddling with personal property gives cause of action.
• In some jurisdictions, false imprisonment is a tort of strict liability requiring no intention on the defendant's behalf.
• Consent is a common defense; participation in a sport like rugby implies consent to ordinary physical contact.