Question

Discuss the kinds of defence to the trespass to person

Answer 1

Answer:

One form of civil trespass that you could face liability for is trespass to land. This is defined as the intentional and wrongful invasion of person's land without that person's consent. ... These defenses include consent, public necessity, private necessity and/or privileged invasion

Explanation:

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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