LLB102 Lecture Notes - Lecture 1: False Imprisonment
WEEK 1 – Trespass to person
TORTS LAW
• Private cause of action (by individuals)
• Provides a remedy for a civil wrong
• Located within an existing category of action
• Based on common law supplemented by legislation
o Torts can be created/abolished/modified by legislation
TORT vs CRIMINAL vs CONTRACT LAW
• Criminal exacts a penalty to protect society whereas torts aims to compensate
the victim
• Contract enforces rights and obligations whereas tort imposes expectation of
conduct upon persons
o Breach in contract can be sued in tort (negligence) as well as suing for the
contract breach itself
• Characteristics of trespass:
o Direct interference
• May be an unbroken series of consequences (Hillier v Leitch)
• Injuring 2 people when hitting one person = direct action on both
people
o Defendant at fault
• Voluntary and/or intentional (McHale v Watson)
• Boy moved chair plaintiff was sitting on. Plaintiff sat down and
injured himself. Boy didn't intend to hurt but the consequences were
clear so he was at fault (Garret v Daley)
• The intention to commit the act is more important than the intention
to cause the consequences
• Knowledge of the interference is not necessary i.e. kicking an
unconscious person - they can still sue. Or running over a body on
the road and claiming to think it was something else - you're still
liable
o Actionable per se
• Defendant must disprove fault (OOP)
▪ Non-highway (not on road) = plaintiff tries to prove direct
interference and defendant avoids liability if they can prove
they weren't at fault
▪ Highway (on the road) = plaintiff must prove direct interference
and fault of the defendant
• Damage is not needed for plaintiff to succeed (they're suing for
interference with their rights)
▪ Suffer damage = compensatory damages
▪ No damage = nominal damages (amount to recognise rights
were interfered with)
• Characteristics of actions on the case:
o Indirect interference
o Intentional or unintentional
• Direct/unintentional with damage = plaintiff can sue in trespass
and/or actions on the case (McHale v Watson)
