4.3 Torts Affecting the Person

2026 Syllabus Objectives

By the end of these notes, you should be able to:

4.3.1 Assault

  • State the definition of assault and explain the elements needed to prove it
  • Understand that assault is actionable per se (explained below)
  • Identify actions that can amount to assault, including the role of words and silence

4.3.2 Battery

  • State the definition of battery and explain the elements needed to prove it
  • Understand that battery is actionable per se
  • Explain the meaning of "force" and whether hostility matters
  • Explain the defences of consent, self-defence, and necessity

4.3.3 False Imprisonment

  • State the definition of false imprisonment and explain the elements needed to prove it
  • Explain the requirements of total restraint and knowledge of restraint
  • Understand what counts as lawful restraint

Background: What Is a Tort?

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A tort is a civil wrong — something one person does (or fails to do) that causes harm to another person, which the law allows that person to sue over. The person who commits the tort is called the tortfeasor. The person who was harmed can bring a civil claim (a lawsuit) to get damages (money as compensation).

The torts in this topic — assault, battery, and false imprisonment — all belong to a category called trespass to the person. They protect your personal rights: your right to be free from threats, unwanted physical contact, and being locked up against your will.

Key Concept: Actionable Per Se

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This Latin phrase simply means "actionable in itself" — you do not need to prove that you suffered any actual harm or injury to bring a claim. The act itself is enough to sue. So even if you weren't physically hurt, you can still win a case in assault or battery just by proving the tort happened.

Key Concepts to Keep in Mind

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As you read through this topic, notice how these big ideas run through every section:

  • Rights — every person has a right not to be touched, threatened, or confined without their agreement
  • Responsibilities — people must not infringe on others' personal freedoms
  • Freedoms — freedom from fear, freedom of movement
  • Liability — when someone commits one of these torts, the law holds them legally responsible
  • Justice — victims can seek compensation through the courts
  • Power and its limits — even authority figures (e.g., police, security guards) cannot restrain people without lawful justification
  • Effectiveness — these legal actions give real protection to individuals

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