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256 Chapter 9Nuisance, trespass, defamation and vicarious liability

Trespass to the person

There are three torts of trespass to the person; battery, assault and false imprisonment.

Battery

Battery is committed by any direct and intentional physical contact with the claimant’s

body without the claimant’s consent. Often, the defendant will have intended to harm

the claimant but this is not necessary. The touching of others which is part of accepted

everyday conduct is not battery.

If there is a dispute as to whether or not battery was consented to, the burden of proof is

on the claimant to show that it was not consented to. A claimant can sue for battery (or

assault) without proving physical harm or financial loss.

Assault

Assault is committed by any act which directly and intentionally causes the claimant to

reasonably fear that he or she is immediately about to suffer battery. Examples would

The tort

Essence of

the tort

Examples

Who can sue?

Who can

be sued?

Strict

liability?

Remedies

Defences

Public nuisance

Act which endangers

public or prevents

public from

exercising a right

Blocking the highway

Person suffering loss

over and above that

suffered by public

Person who has

control over the

nuisance

Yes

Damages, injunction

Contributory

negligence, Consent

of claimant,

Statutory authority

Private nuisance

Indirect interference

with land or use and

enjoyment of it

Making unreasonable

noise/emitting fumes

unreasonably

Person with a

property right in

affected land

Person in control of

land where nuisance

committed

Yes

Damages, injunction,

abatement

Statutory authority,

Prescription,

Consent of claimant,

Contributory

negligence

Rylands vFletcher

Bringing dangerous

thing onto land and

allowing it to escape

Allowing chemicals

to escape from land

Injured person with

a property interest.

Possibly injured

person without

property interest

Occupiers of land

Yes

Damages

Statutory authority,

Contributory

negligence,

Consent of claimant,

Act of God

Trespass to land

Directly invading

another’s land

Driving on

land/depositing

waste on land

Person in

possession of

the affected land

Anyone

committing the

trespass

Need intention

to invade land

Damages,

injunction

Statutory

authority,

Justification,

Permission

granted

Table 9.1 Comparison of private nuisance, public nuisance, RylandsvFletcherand tres-

pass to land