Abolition or Reform: The Future for Directness as a Requirement of Trespass in Australia
journal contributionposted on 29.10.2019, 08:37 authored by Albert Ounapuu
The requirement of directness in torts of trespass to the person is crucial for distinguishing cases of trespass from case. Yet, while it is a formal requirement in all forms of trespass, there is surprisingly little consideration given to it in the majority of cases, to the extent that it is near impossible to formulate a consistent test. This article attempts to do just that, considering cases as they pertain to battery, assault and false imprisonment, with a view to examining the possibilities of either abolition or reform. Ultimately, despite the examples set by Britain, the United States and Canada, an unwillingness on the part of the High Court to overturn the seminal case of McHale v Watson may see reform-here a possibility-become a reality.