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Torts & Consumer · Unit 14

Trespass to the Person

Unit 14 of Law of Torts, Motor Accident Claims and Consumer Protection (syllabus: Trespass to the Person). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When is a threat an assault, and when does the touching become a battery?
  • What must be proved for false imprisonment?
  • Malicious prosecution: five essentials, every one of them on the plaintiff
  • Harm inflicted intentionally through words: the rule in Wilkinson v Downton

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Leading cases

  • Stephens v Myers (1830)
  • Bird v Jones (1845)
  • Hicks v Faulkner (1878) 8 QBD 167
  • Wilkinson v Downton [1897] 2 QB 57

Exam questions on this unit