Definition of a Tort. 

A tort may consist of either wrongful act or  omission. A tort has the effect of encroaching  onto another’s right or interest, whether this  encroachment results in actual damage or  not, which entitles the other party to a  remedy from which he or she will hopefully  be restored to his or her previous position.

Intentional Torts: Tresspass to the Person

Tresspass to the person comprises several  torts, namely the torts of: 

1. Assault. 

2. Battery. 

3. False Imprisonment. These torts primarily protect a person’s  interest in physical safety as well as freedom  of movement. As these torts overlap with  crimes, the discussion in criminal cases is  sometimes relevant in developing these torts.

1. Intentional Torts: Tresspass to the Person


Assault may be defined as intentionally  causing a person to apprehend the infliction  of immediate, unlawful force on himself.

2. Intentional Torts: Tresspass to the Person


Battery may be defined as the intentional and  direct application of force to another person  without that person’s consent. Battery can  also occur without direct contact with the  attacker’s body parts but can also be through objects for example, Abu intentionally hit Ali  with a stick or stone thrown.

3. Intentional Torts: Tresspass to the Person

False Imprisonment

Was defined as the restriction of a person’s  freedom of movement. The person so  restrained is ‘imprisoned’ so long as he cannot  move to another place in accordance with his  wishes. For example, Ali without any lawful  justification locks Abu up in a room.

Ahmad Azhar bin Othman v Rozana binti  Misbun [2020] MLJU 389

The Defendant physically assaulted the  Plaintiff at Home (1st Battery) as follows: 

(a)The Defendant punched repeatedly the  Plaintiff on her nose and this had caused the  Plaintiff to fall to the floor; (b)While the Plaintiff was lying down on the  floor, the Defendant kicked and stomped on  the left side of the Plaintiff’s chest; and

(c)the Defendant had used a monopod to hit  the Plaintiff until the monopod broke into three pieces; 

The Plaintiff sought medical treatment and  made police reports against the Defendant. 

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