Defences to Trespass to Goods

Question 1

Name all of the defences to trespass to goods

Answer 1

Necessity
Illegality
Distress
Consent 
Lawful Authority

Question 2

Necessity

Answer 2

Applicable if interference with goods was necessary to protect from imminent harm (Southwark v Williams)
Mouse’s case - luggage
Imminent peril must actually exist (Cope v Sharpe)

Question 3

Illegality

Answer 3

Does not rely on the lawful acquisition of goods, but more so the nature of the goods (Gollan v Nugent) - pedophilia instruments were seized and police refused to return

Question 4

Distress

Answer 4

Allows person to seize and detain goods in order to force other to perform obligation (Swenson v The Council of the Shire of Drayton)

Question 5

Consent

Answer 5

D must takes reasonable steps to draw notice to P’s attention; not necessary that P understands everything about notice (Vine v Forest)