Trespass To The Person
There are three types of trespass, the first of which is trespass to the person. Whether intent is a necessary element of trespass to the person varies by jurisdiction. Under English decision, Letang v Cooper, intent is required to sustain a trespass to the person cause of action; in the absence of intent, negligence is the appropriate tort. In other jurisdictions, gross negligence is sufficient to sustain a trespass to the person, such as when a defendant negligently operates an automobile and strikes the plaintiff with great force. "Intent is to be presumed from the act itself." Generally, trespass to the person consists of three torts: assault, battery, and false imprisonment.
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Famous quotes containing the words the person, trespass and/or person:
“Take two kids in competition for their parents’ love and attention. Add to that the envy that one child feels for the accomplishments of the other; the resentment that each child feels for the privileges of the other; the personal frustrations that they don’t dare let out on anyone else but a brother or sister, and it’s not hard to understand why in families across the land, the sibling relationship contains enough emotional dynamite to set off rounds of daily explosions.”
—Adele Faber (20th century)
“No more be grieved at that which thou hast done,
Roses have thorns, and silver fountains mud,
Clouds and eclipses stain both moon and sun,
And loathsome canker lives in sweetest bud.
All men make faults, and even I in this,
Authorizing thy trespass with compare,
My self corrupting salving thy amiss,
Excusing thy sins more than thy sins are:”
—William Shakespeare (1564–1616)
“This is the way I look when I’m sober. That’s enough to make a person drink, wouldn’t you say?”
—J.P. (James Pinckney)