Personal Injury.

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Personal Injury

There are 3 forms of trespass to the person -

- Assault

- Battery

- False imprisonment

Trespass to the person is an intentional conduct by the defendant. The rules relates to the defendant's actions, not necessarily harm that results from his actions. Trespass to the person is actionable per se.

Stanley v Powell [1891]

The defendant had inflicted injury neither intentionally no negligently when he fired a shot, which ricocheted off a tree and hit the plaintiff.

It was held that trespass to the person is a fault-based tort.

Fowler v Lanning [1959]

Neither intention nor negligence was alleged by the plaintiff who was injured by a shot from the defendant's gun.

It was held that since the claim lacked an allegation of intention or negligence, it was struck out as no cause of action. In trespass to the person, the burden of proving negligence lies in the plaintiff.

Letang v Cooper [1965]

The defendat negligently drove his car over the legs of the plaintiff who was sun bathing in the hotel car park. The action in negligence was