Trespass to the person
Trespass to the person comprises three intentional torts: assault (causing apprehension of immediate unlawful force), battery (the actual infliction of unlawful force), and false imprisonment (the complete restriction of someone's freedom of movement without lawful justification).
Last reviewed 14 June 2026
These torts are actionable per se (without proof of damage) and require intention as to the act. Assault is the apprehension of imminent contact; battery is the direct application of force; false imprisonment requires a total restraint on liberty (Bird v Jones).
The rule in Wilkinson v Downton provides a separate route for intentionally causing physical or psychiatric harm by words or conduct that are not a direct trespass.
Key cases
- Collins v Wilcock [1984] 1 WLR 1172
- Bird v Jones (1845) 7 QB 742
- Wilkinson v Downton [1897] 2 QB 57
Frequently asked questions
What are the three trespass to the person torts?
Assault (apprehension of immediate unlawful force), battery (the actual application of unlawful force), and false imprisonment (total restraint of movement without lawful justification).
What is the difference between assault and battery?
Assault is causing someone to apprehend immediate unlawful force; battery is the actual infliction of that force. One can occur without the other.