Torts affecting the person

4 Law of tort

Torts affecting the person

Torts that affect a person’s physical or mental well‑being are called *torts affecting the person*. They include negligence, battery, assault, false imprisonment, trespass to the person and defamation. Below you’ll find easy‑to‑understand explanations, analogies and examples.

Negligence

Think of negligence like a car accident caused by a driver who didn’t keep a safe distance. The driver had a duty to drive safely, breached that duty, and the breach caused damage.

Battery

Battery is like a surprise knock on the door that hurts you. It requires an intentional, harmful or offensive contact.

1. Intent to make contact.
2. Contact is harmful or offensive.
3. Contact is not justified.

Assault

Assault feels like someone threatening to punch you. The key is the *apprehension* of imminent harm.

1. Intent to cause apprehension.
2. Apprehension is immediate.
3. Victim believes harm will occur.

False imprisonment

Imagine being locked in a locker against your will. False imprisonment is unlawful restraint of a person’s freedom.

1. Unlawful restraint.
2. Restraint is not justified.
3. Victim is aware of restraint.

Trespass to the person

Trespass to the person is like stepping on someone’s foot without permission. It involves unwanted physical contact.

1. Intentional contact.
2. Contact is unwanted.
3. Contact is harmful or offensive.

Defamation

Defamation is like spreading a rumor that hurts someone’s reputation. It requires a false statement that is published to a third party.

1. False statement.
2. Publication to a third party.
3. Statement harms reputation.

• ⚖️ Remember: Not all harmful statements are defamation—truth is a defence.
• 🚗 Negligence: Think of driving safely.
• 🛡️ Battery: Think of a harmful touch.
• 🔒 False imprisonment: Think of being locked in.
• 👣 Trespass: Think of stepping on a foot.
• 🗣️ Defamation: Think of spreading harmful rumors.