VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 4 No. III (2021)pp. 5102–5108

Intentional Trespass to Person and Its Issue of Consent

HB
Hetavi Bari Student at NMIMS School of Law, Navi Mumbai, India
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Published 26 June 2021 · pp. 5102–5108 · Vol. 4 No. III (2021)
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.

Keywords
Intentional TrespassConsentOnus of ProofNegligence.

How to cite

Hetavi Bari, Intentional Trespass to Person and Its Issue of Consent, 4 Int'l J.L. Mgmt. & Human. 5102 (2021).

Cite this article

Hetavi Bari, Intentional Trespass to Person and Its Issue of Consent, 4 Int'l J.L. Mgmt. & Human. 5102 (2021).
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