10 - Tort - Trespass Flashcards
1
Q
Who can sue under trespass?
A
Must have a legal interest in the land. 🏡
If leased/licenced, must be the lessee/licensee that sues. LL can only sue if it affects him beyond the term of the lease.
👫✅
🎩❌
2
Q
Is damage required to sue in Trespass?
A
No
3
Q
What is required from trespass?
A
- direct physical interference 👷
- Intention 💡
4
Q
What is required for ‘intention’ for trespass?
A
The intention of carrying out the trespassing act (e.g. walking over a field), not necessarily the intention to trespass.
🚶♂️
5
Q
What are the defences for trespass?
A
- Permission 🤝
- Legal authority 🇬🇧
- Necessity 🚨
6
Q
when must a claim for trespass be made?
A
within 6 years of the date of action
7
Q
what are the cases for trespass
A
- shop sign invaded airspace 🪧
- extractor fan at 4.5m invade airspace 👨🍳
- areal photos not invading airspace 📸
- oil wells under persons’ house 🛢️
