Generally, the major elements of trespass “include an unlawful intrusion upon a property, with intention, force and injury to an owner. A trespass can become intentional if the acts leading to the invasion were done with knowledge that a trespass would result.” There are three main forms of trespass to a person which include assault, battery and false imprisonment. Besides, it is advantageous to look into what is intention in order to argue for the question. Intent can be defined as “a mental attitude resulted from an action of a person, and hence it cannot ordinarily be directly proved but must be inferred from surrounding facts and circumstances. It is not necessary that any illegal or wrongful means be used to carry out the negative result, provided the wrongful conduct was intentional and was not accompanied by justifications and excuses.”
Firstly, “tort of
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Initially take a look into the case of Thomas v National Union of Mineworkers , striking miners who made threatening gestures and where the claimant was a miner who continued to work during a particularly bitter strike by members of the NUM. The claimant and colleagues were bussed into work through a large crowd of striking miners who made threatening gestures and shouted threats at those on the bus. In fact, the crowd was kept away from the claimant and the others by a numerous police officers. They were also protected by being on a moving bus. Therefore, it can be concluded as for liability for assault to occur, ability to carry out the threat must me immediately, despite of just looking into intentional