Chapter 3 - Private Property, The Right to Exclude, and Public Spaces: Shopping Centres Flashcards
True or false, a leased property includes a right to exclude?
True
What is the Significance of Harrison v Carswell?
Established that commercial property owners had a right to exclude that could be invoked at any time against any of its customers
This case resulted in legislative backlash that protected protesters on privately held land “to which a member of the public ordinarily has access”
Harrison v Carswell
Harrison v Carswell’s dissenting judge cited this case as a point of differentiation becasue…
Peters, because that case was about consumer rights as opposed to labor rights
This Act would have an affect upon youth and minority groups, to the concern of proponents of progressive and subversive property theory
The Trespass to Property Act
The ruling of Harrison v Carswell has not been tested against this scenario
Protesters on private residential land