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SQE1 - Tort > 1. Intentional Torts > Flashcards

1. Intentional Torts Flashcards

1
Q

What is trespass to land?

A

Unlawful direct interference with the claimant’s possession of land

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2
Q

What does it mean that trespass to land is actionable per se?

A

The claimant does not need to show any actual damage or injury to the land. The mere fact the right has been infringed is enough.

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3
Q

What type of possession of the land must the claimant have to bring a claim?

A

Exclusive possession

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4
Q

What four things are included in the definition of land?

A
  1. Land
  2. Buildings on the land
  3. Subsoil
  4. Airspace up to a height necessary for the ordinary use of land and buildings
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5
Q

What type of interference is required for trespass?

A

Direct interference; indirect will not suffice

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6
Q

Is it trespass to allow your animal to stray onto another’s property?

A

Yes

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7
Q

Whilst indirect interference will not suffice for trespass to land, what might it give rise to a claim in?

A

Nuisance

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8
Q

To commit the intentional tort of trespass to land, what does the defendant have to intend and what is their intent irrelevant with regard to?

A

They must merely intend to enter/interfere with the land. They need not intend to trespass or even know that the land belongs to another.

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9
Q

Does a claimant who enters land involuntarily commit trespass?

A

No

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10
Q

What is the one instance where trespass can be committed by negligent interference?

A

Defendant knows that their animals are likely to enter the claimant’s land but carelessly fails to prevent them from doing so

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11
Q

What is the defence of lawful entry with regard to trespass to land?

A

A defendant whose presence is lawful, e.g. via statutory authority, does not commit trespass, e.g., police officer, firefighter, etc.

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12
Q

What is the defence of necessity with regard to trespass to land?

A

There is no trespass where a defendant enters land because it was necessary to preserve life or property

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13
Q

What are the two types of remedies for trespass and what are the two subcategories of the first type?

A
  1. Damages: nominal, if no damage suffered; actual if damage suffered
  2. Injunction
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14
Q

If a claimant wishes to engage in self-help to cure the trespass, what must they not do and what is the one exception to this?

A

It is a criminal offence for a person, other than a displaced residential occupier, to use violence or threaten to do so to secure entry to premises occupied by another

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15
Q

What are the three types of trespass to the person, and are they actionable per se?

A
  1. Battery
  2. Assault
  3. False imprisonment

All are actionable per se.

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16
Q

What is battery?

A

Intentional direct application of unlawful force to the claimant’s person

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17
Q

For battery, what is force?

A

Any unwanted physical contact, unless generally acceptable in the ordinary conduct of life, e.g. brushing shoulders in a crowd

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18
Q

Is contact with the claimant’s clothing force?

A

Yes, e.g. throwing paint which splashes a claimant’s jacket

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19
Q

Can an involuntary act of force amount to battery?

A

No. It must be intentional.

20
Q

What does the defendant need to intend to commit battery and what need he not intend?

A

Must intend to apply the force. Need not intend to harm the victim.

21
Q

Can the intention to apply force be transferred to a different victim?

A

Yes

22
Q

What is assault?

A

An intentional act which causes the claimant to reasonably apprehend an immediate application of force.

23
Q

What must the defendant intend to commit assault?

A

They must intend that the claimant apprehend the use of force

24
Q

What must be true for a claimant to be deemed to have apprehended force?

A

They must be aware of the force or threat of force

25
Q

Does apprehension require the defendant to be afraid?

A

No

26
Q

Does force need to be applied for an assault to be committed?

A

No

27
Q

What must be true of the claimant’s apprehension of immediate force?

A

It must be reasonable

28
Q

Can words give rise to an assault and/or negate an assault?

A

Yes, words can:

  1. Give rise to an assault, e.g. “I’m going to punch you right now!”
  2. Negate an assault, e.g. “If I weren’t such a good person, I would punch you!”
29
Q

What is false imprisonment?

A

Unlawful constraint of the claimant’s freedom of movement from a particular place

30
Q

What must the defendant intend for false imprisonment, and what need they not intend?

A

They must intend to constrain the claimant’s freedom of movement. They need not intend that the constraint be unlawful.

If a janitor locks a person in a building and does not know the person was still there, then there will be no intent made out for false imprisonment.

31
Q

Is it a defence to false imprisonment that the defendant thought they had a right to detain the claimant?

A

No

32
Q

What must be true of the constraint for it to amount to false imprisonment, and what negates this?

A

It must be a complete constraint. This aspect, and therefore false imprisonment generally, is negated if the claimant can actually move in a certain direction, or if there is a reasonable means of escape, even if these avenues are not the preferred ways the claimant wishes to go

33
Q

Must the claimant be aware of the constraint in order to have a claim for false imprisonment?

A

No

34
Q

What are the four defences to trespass to the person?

A
  1. Consent
  2. Necessity
  3. Self-defence
  4. Lawfulness of conduct
35
Q

Why is consent to medical treatment necessary to avoid battery?

A

Because an adult of sound mind and full understanding is entitled to withhold consent for medical treatment, even where it is necessary to save the claimant’s life

36
Q

What is implied consent in sport?

A

Participants in sport are taken to impliedly consent to contacts which occur within the rules of the game

37
Q

What are athletes not taken to impliedly consent to?

A

Contact which occurs outside the rules of the game.

Compare this to and don’t get confused by criminal battery, where the consent defence is still available for contact which is just outside the rules of the game.

38
Q

What are the limitations on the consent defence?

A

Not available when:

  1. Consent was induced by fraud, misrepresentation or duress, or
  2. Consent is apparently given to serious physical injury
39
Q

When is the defence of necessity available?

A

When the defendant acts reasonably to prevent harm to life and/or property.

40
Q

When is self-defence available?

A

When the defendant honestly and reasonably uses force that is proportionate to the force used against them or that they believe is about to be used against them

41
Q

Why is it a defence to trespass to the person to show that the conduct was lawful?

A

Because inherent in the torts is the requirement that the conduct be unlawful

42
Q

What is trespass to goods?

A

Intentional and direct interference with the claimant’s possession of goods

43
Q

In what three ways can an interference with goods be achieved?

A
  1. Taking the goods
  2. Damaging them
  3. Interfering with them by e.g. moving them
44
Q

What must the defendant intend to commit trespass to goods, and what need he not intend?

A

Must intend to do the act of interference, but need not intend to commit the tort of trespass

45
Q

What remedy is available to a claimant who has been deprived of goods?

A

Damages at the market value of the goods

46
Q

When will a person commit the tort of conversion?

A

When they deal with goods in a way which is seriously inconsistent with the rights of the owner

47
Q

What must the defendant intend to commit conversion, and what need he not intend?

A

Must intend to do the act of interference, but need not intend to infringe the claimant’s rights

SQE1 - Tort (11 decks)

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