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TRESSPASS TO PERSON

Today trespass to person is no longer important in personal injury litigation due


to trhee main reasons:
1. Due to the creation of criminal injury compensation scheme
2. The increased power of criminal courts to grant compensation orders
against defendants and lastly,
3. The development of negligence.
This diminished role has led many to call for the abolishment of trespass to
person but this is never a good option as trespass to person plays a huge role
in the area of civil liberties especially when dealing with improper police
conduct. This is because there is no requirement if real physical harm for
battery unlike negligence. So exemplary damages can always be awarded to
mark the disapproval of the police conduct. This in turn will keep in line police
brutality, which is a worrying phenomenon today.