Intentional Trespass to Person and Its Issue of Consent
Lead author · Corresponding
Hetavi Bari
Student at NMIMS School of Law, Navi Mumbai, India
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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.