Trespass to Person and Property notes — Unit 4

Trespass to person involves intentional interference with a person's body or liberty. It is actionable per se (without needing to prove actual physical harm).

⇒1.1 Battery

Battery is the intentional and direct application of physical force to another person without lawful justification.

• Use of Force: Force does not mean violence. Even the slightest unwanted touch (e.g., spitting on someone, throwing water, or pulling a chair away as they sit) is battery.
• Without Justification: Unwanted touch is battery. However, everyday contact (like jostling in a crowded train) is impliedly consented to and is not battery.
• Intention: It must be intentional or reckless, not purely accidental.

⇒1.2 Assault

Assault is an act which intentionally creates in another person an apprehension (fear/expectation) of imminent harmful or offensive contact.

• The Difference: Assault is the threat of force. Battery is the actual application of force. Pointing a loaded gun at someone is assault. Pulling the trigger and hitting them is battery.
• Apprehension: The plaintiff must actually believe the defendant has the ability to carry out the threat immediately. Pointing an unloaded gun at someone who thinks it is loaded is assault. Threatening someone over the phone from another country is NOT assault (no imminent danger).
• Words vs Actions: Mere words usually do not amount to assault unless accompanied by a threatening gesture (e.g., clenching a fist while shouting 'I'll kill you').

False imprisonment is the imposition of a total restraint on the liberty of a person, for however short a time, without lawful justification.

⇒2.1 Essential Elements

• Total Restraint: The restraint must be complete. If a person is prevented from going North, South, and East, but is free to go West, it is NOT false imprisonment (it might be a minor tort, but not false imprisonment).
• No Lawful Justification: If a police officer arrests someone with a valid warrant, it is lawful imprisonment.
• Physical Barrier NOT Required: False imprisonment can happen without a locked room. If an officer says 'Don't move or I'll shoot', the person's will is totally restrained.

⇒2.2 Knowledge of the Plaintiff

Trespass to land is the unjustifiable physical interference with the possession of land. Like battery, it is actionable per se (you don't have to prove the trespasser damaged the grass).

⇒3.1 Modes of Trespass

• Direct Entry: Walking onto someone else's land without permission.
• Remaining on Land: Entering lawfully, but refusing to leave after permission is revoked.
• Placing Objects: Throwing garbage, driving a nail into a neighbor's wall, or letting your dog run into their yard.
• Airspace and Subsoil: A landowner owns the airspace above and the subsoil below to a reasonable height/depth. Hovering a drone directly over someone's bedroom window is trespass.

⇒3.2 Trespass Ab Initio (From the Beginning)

This is a special doctrine. If a person enters land with the authority of law (e.g., a police officer with a search warrant), their entry is lawful. BUT, if they subsequently abuse that authority (e.g., they steal something while searching), the law treats their original entry as unlawful. They become a trespasser ab initio (from the very beginning).

Malicious prosecution is the tort of initiating a baseless criminal prosecution against someone out of malice, resulting in damage to their reputation, liberty, or property.

⇒4.1 The Heavy Burden of Proof

To win this claim, the plaintiff must prove ALL of the following five elements (which makes it very hard to win):

• 1. Prosecution by Defendant: The defendant must have actively initiated the criminal proceedings. (Merely giving a tip to the police, after which the police conduct their own investigation and decide to arrest, does not make the defendant the prosecutor).
• 2. Favorable Termination: The criminal proceedings must have ended in favor of the plaintiff (i.e., the plaintiff was acquitted or discharged by the criminal court). If the plaintiff was convicted, they cannot sue for malicious prosecution.
• 3. Absence of Reasonable and Probable Cause: The defendant had no solid evidence or honest belief that the plaintiff committed the crime.
• 4. Malice: The defendant filed the case not to seek justice, but out of a personal grudge, revenge, or ulterior motive.
• 5. Damage: The plaintiff suffered damage to their reputation, liberty (spent time in jail), or property (spent money on lawyers).

⇒Summary of Key Takeaways

• Assault vs Battery: Assault is creating fear of imminent harm (pointing a gun). Battery is the actual touch/force (hitting with the gun).
• False Imprisonment: Requires total restraint. Can happen without the victim's knowledge (Meering case).
• Trespass to Land: Actionable per se. Trespass ab initio occurs when lawful entry is followed by an abuse of authority.
• Malicious Prosecution: Plaintiff must prove the case ended in their favor (acquittal) AND that the defendant acted out of malice without reasonable cause.

⇒University Exam Tips for this Unit

• Assault/Battery Problems: If A throws a stone at B, but misses and hits C. Identify it as 'Assault' against B, and 'Battery' against C.
• False Imprisonment Element: The keyword is 'Total Restraint'. If an exam problem says 'The guard blocked the front door but the back door was open', state clearly that it is NOT false imprisonment because the restraint was partial.
• Malicious Prosecution Trap: Examiners often state 'X filed a case against Y. The case is still pending in court. Y sues X for malicious prosecution.' You must answer that Y's suit will be dismissed because a core essential is 'Favorable Termination'—the criminal case must be finished first.