What is Trespass?
Trespass can be divided broadly into three groups: trespass to the person, trespass to goods and trespass to land.
Trespass to the Person
Trespass to the person is further subdivided into three categories: assault, "to act in such a way that the claimant believes he is about to be attacked"; battery, "the intentional and direct application of force to another person"; and false imprisonment, "depriving the claimant of freedom of movement, without a lawful justification for doing so". To constitute as trespass, these acts must be direct and intentional. Indirect or unintentional acts fall under negligence. The principle behind each of these three is that "any person's body is inviolate", as stated by Lord Justice Goff in Collins v Wilcock.
Trespass to Goods
Trespass to goods involves "wrongful physical interference with goods that are in the possession of another" and, under the right circumstances, the trespass can be so little as the touching or the moving of the goods, though for damages to be awarded for harm suffered, the harm must have been reasonably foreseeable.
Trespass to Land
Trespass to land is the "unjustifiable interference with land which is in the immediate and exclusive possession of another." A claim for trespass to land may be brought without any damage having been suffered and can be brought per se.
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