3) Trespass Flashcards
private proeprty open to public – 2 exceptions
–common carriers –protected class based illegal discrimination
trespass: intentional
voluntary act –strict liability, so mistake still liable (walked vs was carried)
interstate commerce act
sets common carriers as an exception to nl rule that dnh to allow anyone in your ‘public place’
Civil Rights Act 1866
can make/enforce ks – recently interpreted by some courts as granting borader rights since 1964
Uston v. Resorts International Hotel Inc
F: P excluded from casino for card-counting H: owner of a property open to public dnh right to exclude individual at their discretion OJO! MINORITY VIEW!
F: D drove mobile home across P’s property despite P’s adamant refusal H: intentioanl trespass justifies award of punitive damages despite minimal compensatories. Actual harm in every trespass. Policy considerations.
Jacque v. Steenberg Homes
trespass: intrusion: limits of property
column from core of earth to top of sky.
trespass: unprivileged: necessity exception
ok if to prevent more serious harm (save someone from burning building)
trespass: intrusion (2 exs)
the moment you enter the property –includes object extending over boundary –above or below the surface
private property open to public: common carrier exception def and reason
transit (plane/trainbus), inkeepers BC: monopolies limit freedom, big consequences for people if they have to sleep outside
trespass: unprivileged – exceptions (2)
necessity public policy
private property open to the public – current majority rule (inc 2 exceptions)
no right to access (exclude anyone for any reason) except –common carriers –protected class based illegal discrimination
trespass: unrivileged: public policy exception
–ex: antidiscrim statutes, free speech, etc –different rules of access/occupancy when property open to public
trespass: limits of property: EXCEPTIONS (2)
overhanging airplanes deep down fracking
trespass – elements (4)
1) unpriviledged 2) intentional 3) intrusion 4) on property possessed by another
