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TRESPASS TO THE PERSON 1

handle is hein.ali/relwtrts0220 and id is 1 raw text is: o TRESPASS TO THE PERSON. SECTION 1. Any touching of the person of another which results directly from an act wrongful towards such other and which causes some material and tau- gible harm to the physical condition of his body. Comment.: Such a harmful touching was originally redressed under the action of trespass for assault and battery, but, it differs from the battery for an inten- tional touching violating another's dignitary right to immunity from offensive contacts not only in its prob- able historical origin but also in many of its essential elements, the only point of similarity being that in both the touchng must be the direct result of a willed act. It, therefore, seems advisable to treat it as a.sep- arate form of trespass as is done in many, though not the majority of American jurisdictions. SECTION 2. Trespass to the person differs from the action of trespass on the case for injuries to the per- son only in that under strict pleading the injurious touching in trespass must be the direct result of the defendant's wrongful act, while in the action of tres- pass on the case it must be the indirect result thereof. Comment: When the King's Court took jurisdiction over such harmful touchings by extending to them the action of trespass for assault and battery, it applied the primitive concept of liability without fault which was in all probability applied by the local courts, in which theretofore the harms done by them had been redressed. There was, therefore, a vital distinction between the action of trespass for harm directly result- ing from a willed act and the action of trespass on the case for a similar touching indirectly resulting from such an act, in which the plaintiff was required to

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