history of tresspass notes Flashcards
What are the key requirements for an act of trespass?
- Must be direct
- Must be intentional
- Does not require injury
What is the significance of ‘trespass on the case’?
It developed into actions recognized as negligence
What are the three modern torts of trespass?
- Trespass to the person
- Trespass to land
- Trespass to chattels
What does Trespass to the Person encompass?
- Assault
- Battery
- False imprisonment
What does ‘actionable per se’ mean in the context of trespass?
No injury is required to bring a claim
What is meant by ‘Direct Result/Impact’ in trespass actions?
An action is trespass only if it is the direct result of a voluntary act
What is the burden of proof in trespass actions in Ireland?
Once trespass is shown, the burden shifts to the defendant to prove lack of intent
What must be true about the act for it to be considered trespass?
The act must be a voluntary act
In Scott v Shepherd, who is considered liable?
Shepherd, as the initial actor who tossed the squib
What is the legal principle regarding intention in trespass?
You are liable for results you did not desire if you intended the act causing it
What does Section 1(1) of the Courts Act 1988 state regarding jury rights?
Removed the right to a jury in most negligence actions
In which cases is a jury allowed according to Section 1(3) of the Courts Act 1988?
In false imprisonment cases and cases of intentional trespass to the person
What was the outcome in Sheridan v Kelly regarding jury rights?
The court allowed a jury because the case included false imprisonment or intentional trespass
where it has trespass action and neg- jury step out for neg so they onlt give judgment on trespass
What did the court decide in D.F. & Anor v Garda Commissioner regarding jury hearings?
The negligence claim would be heard by a judge and the trespass actions by both a judge and jury
What was confirmed in Gwen Clarke v John O’Gorman regarding trespass cases?
Trespass cases must go to the Personal Injuries Resolution Board first where P sought damages for personal injuries.
