Page 95 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

✓ Trespass to land consist of:

i. Entering directly upon land in the possession of

another person.

ii. Or remaining on land in the possession of another

person.

iii. Or placing or projecting any object on land in the

possession of another person.

(ii) Trespass to the Person (Intentional Act)

Assault: intentional and direct act of the defendant which

causes the plaintiff reasonable apprehension of an

immediate harmful or offensive contact.

✓ Words can’t constitute as assault unless it’s instilled a

reasonable fear of unlawful and immediate physical

violence.

✓ Element of assault:

i. Mental state of the defendant (intention to do).

ii. Effect on the plaintiff (plaintiff feel reasonable

apprehended).

iii. Capability to carry out the threat (reasonable fear

that threat of force).

iv. Bodily movement (positive act by defendant to carry

out his threat).

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