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Human Rights: Restrictions

Trespass, harassment and actions against the police

  • 3 things to know
  • A2 Units 3 and 4

Overview

Trespass to land, false imprisonment and elements of malicious prosecution.

What you need to know

Answer each one before you reveal it.

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Key term

Define battery.

Key term

Define false imprisonment.

Key term

Why was there no false imprisonment in Bird v Jones (1845)?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Define trespass to land.

    Model answer

    Trespass to land is direct and unjustifiable interference with land in the possession of another, and it is actionable without proof of any damage.

  2. 2

    Define battery.

    Model answer

    Battery is the direct and intentional application of unlawful physical force to another person.

  3. 3

    What did Collins v Wilcock (1984) decide?

    Model answer

    An officer who took hold of a woman's arm to detain her without arresting her committed a battery, because the contact went beyond the physical conduct generally acceptable in everyday life.

  4. 4

    Define false imprisonment.

    Model answer

    False imprisonment is the unlawful and complete restraint of a person's freedom of movement, and it is actionable without proof of damage.

  5. 5

    Must a person be aware of the restraint for false imprisonment to be committed?

    Model answer

    No, the tort is complete without the claimant's knowledge, although knowledge of the confinement is relevant to the level of damages.

  6. 6

    Why was there no false imprisonment in Bird v Jones (1845)?

    Model answer

    The claimant was prevented from crossing a bridge in one direction but was free to go back the other way, and a partial obstruction is not the complete restraint the tort requires.

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AThe defendant owed the victim a duty of care and breached it.
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