TRESPASS TO PERSON 1. ASSAULT The old view was that assault was an incomplete battery  The modern definition is: Intentionally and directly causing a person to apprehend being a victim of an imminent application of force.   ‘The plaintiff … must also allege that he did it intentionally or negligently. If intentionally, it is … assault and battery. If negligent and causing damage, it is … negligence’ (Lord Denning in Letang v Cooper [1965]) 4 elements: 1. 2. 3. 4. The mental state of the defendant The effect on the plaintiff Capability to carry out the threat Bodily movement 1. The mental state of the defendant Defendant intends to cause the plaintiff to apprehend an application of force. Turberville v Savage [1669]

Trespass to Person

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