Question

LEGAL PRINCIPLE: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.

FACTUAL SITUATION: 'B' was formally invited by 'A' to his house. B after sitting for some time in drawing room, moved to the bed room of the house. A sued B for trespass.

• A. 'B' has offended 'A' by moving to bed room.
• B. 'B' has interfered with privacy of 'A'.
• C. 'B' has committed trespass as there was no consent of 'A' for entry in the bedroom.
• D. 'B' has committed no trespass as he entered the house with A's consent.

Answer 1

The correct option is C 'B' has committed trespass as there was no consent of 'A' for entry in the bedroom.

Trespass to the person is a tort which involves wrongs being done to an individual. It also refers to interference with another person's land or personal property. A common defense that can be used if one were sued for trespass is that one were given consent by the owner of the land or property. In the above case, consent was not given for entry into the bedroom.