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Home > CLAT Exam > Legal Aptitude > Law of Torts > Tort Affecting the Person
Law of Torts

Tort Affecting the Person

A tort is a conduct that harms other people or hampers their property. It is a private wrong against a man for which the aggrieved party can recover damages, i.e. money or monetary compensation. The injured party can sue the wrongdoer (tortfeasor) to seek damages to compensate for the harm or loss to him. The conduct which is a tort can also be a crime. In this article, we will look at the torts which affect the person.

Person

Types of Torts

Trespass to Person

This consists of any contact with some person for which consent is not provided. This is known as a battery. An assault will be a situation when a plaintiff reasonably believes a battery upon his person was about to be committed.

An example of an assault can be where one man swings his fist at another person. If the person makes a  contact then this would be an assault as well as battery. A defense to assault and battery will be a case of self-defense.

Trespass to Land

Trespass to land involves going on or above the property of another person without his/her permission. A trespass can also involve the use of the airspace of another’s property as well as actually going on the actual property without permission.

However, this rule has been changed to allow the flights of aircraft above the land as long as it does not interfere with the proper use of the land of another person.

Trespass To Personal Property

A trespass to personal property means the use of someone’s property without his/her permission. A conversion happens when someone takes away the personal property and keeps it away from the real owner without his/her permission.

The concept is based on the wrongdoer converting something to his/her own use. It also requires an intention to deprive the real owner of their ownership – so if you put the device in your pocket thinking it is yours it will not be converted.

Tort or Trespass affecting Person

Trespass to the person means a direct and deliberate interference with a person’s liberty or freedom. A trespass which is also a breach of the King’s peace, however, fell within the judiciary of the King’s courts. Moreover, in course of time, the allegation which the trespass commits came to be used as a general form in order to preserve the jurisdictional propriety of an action brought in these courts, whether or not there is any truth in it.

There are mainly three forms of trespass to a person, namely, assault, battery, and false imprisonment and their common element are that there must be a direct means of commitment.

Question on Tort Affecting the Person

Question: What do you mean by ‘Assault’, ‘Battery’ and ‘False Imprisonment’?

Answer: Assault means something really specific when it comes to personal injury and torts law. In tort law, an assault threat of violence – may not be actual violence itself.

A battery happens when someone touches another person without his/her permission. While this can cover many situations, this basic principle and definition can apply to almost any battery’s case.

When someone stops you without your permission, you are said to be falsely imprisoned.

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