ISSN 2581-5369
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Intentional Trespass to Person and Its Issue of Consent
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Hetavi Bari
Student at NMIMS School of Law, Navi Mumbai, India
Abstract
Trespass to Person is a Tort which basically means hindrance to a person’s civil rights, without justification. It can be intentional, deliberate or unintentional. This paper introduces the three types of intentional trespass namely; assault, battery and false imprisonment. It mainly focuses on the issues of consent in Trespass of Person. It justifies that consent is an affirmatory defense. The burden to prove, absence of consent lies with the plaintiff which is somewhat a hassle. This paper discusses about how unintentional trespass is different from intentional trespass.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 5102 - 5108
DOI: https://doij.org/10.10000/IJLMH.111111Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2021