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Research Paper Volume 4 Issue 3 5102 - 5108 June 26, 2021

Intentional Trespass to Person and Its Issue of Consent

Lead author · Corresponding
Hetavi Bari
Student at NMIMS School of Law, Navi Mumbai, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.111111
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.111111
Creative Commons
CC BY-NC 4.0 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.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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