INTRODUCTION In order to get the understanding of trespass to person, we first need to get through the tort of trespass. When we think about trespass, the first thing that probably came to our mind is a sign board on our house or our neighbour house or garden reading trespassers should be prosecuted. We generally get the idea of a stranger sneaking around in the private premises or overgrown garden of an estranged, mysterious neighbour. Trespass is one of the ancient forms of action that arouse under the common law of England as early in the thirteenth century. Trespass was originally a generic word for a wrong. Gradually, other terms and categories developed to describe particular types of wrongs but in legal usage “trespass” continued to be a catchall term for wrongs that did not fit into some other, more specific category. Its meaning then narrowed to the point where it was itself a rather specific category, it came to mean what we would call certain types of torts. In this day and age the essential position is that immediate and purposeful interference of obstruction are still managed by the tort of trespass, while those interference which …show more content…
Battery was defined by HOLT, C.J., in Cole v. Turner, he declared: “first, that the least touching of another is a battery. Secondly, if two or more meet in a narrow passage and without any violence or design of harm, the one touches the other gently, it will be no battery. Thirdly, if any of them uses violence against the other, to force his way in a rude inordinate manner, it will be a battery.” ROBERT GOFF L.J. redefined battery which was also accepted by the House of Lords in Wainwright v. Home office as an intentional physical contact which was not ‘generally acceptable in the ordinary conduct of daily