Intentional torts

Question 1

what is the intention element within intentional torts?

Answer 1

Intention to do the act not to cause the harm

Question 2

Battery

Answer 2

intentional and direct application of force to another without consent

Question 3

Defense to battery

Answer 3

consent

presumed to consent to everyday touching

Question 4

does transferred intent apply to battery

Answer 4

yes

Question 5

assault

Answer 5

cause C to reasonably apprehend direct and immediate application of force

Question 6

false imprisonment

Answer 6

complete restraint of bodily movement not authorised by law.

Question 7

defenses to false imprisonment

Answer 7

necessity
authorised by law
reasonable means of escape
reasonable and lawful condition e.g. toll

Question 8

can false imprisonment occur without C knowing

Answer 8

yes

Question 9

Wilkinson v Downton

Answer 9

Willfully commit an act calculated to cause damage to C by indirect means
recognised mental illness
not recklessness. Only intent

Question 10

Trespass to land

Answer 10

Intentional and direct unlawful interference with land.

Question 11

Is proof of harm needed for trespass of land

Answer 11

No, actionable per se

Question 12

defenses to trespass to land

Answer 12

consent and necessity

Question 13

is mistake as to legal rights a defense to trespass to land

Answer 13

no

Question 14

what intention is needed for trespass to land

Answer 14

intention to make contact with the land

Question 15

what is land - trespass to land

Answer 15

surface, anything permanently attached to it, subsoil and airspace.

Question 16

remedies for trespass to land

Answer 16

damages, injunction, declaration

Question 17

protection from harassment act

Answer 17

course of conduct
pursued against C
caused alarm or distress

Question 18

trespass to the person

Answer 18

assault, battery, false imprisonment

Question 19

defences to trespass to the person

Answer 19

consent, lawful authority, self defence, necessity (contributory negligence but not for assault or battery)

Question 20

what is private nuisance

Answer 20

continuous unlawful interference with rights, use and enjoyment of land

Question 21

do you need a property interest to claim in private nuisance

Answer 21

yes - you need a possessory or proprietary interest

Question 22

potential Ds for private nuisance

Answer 22

occupier of land even if they didn’t create nuisance, enough that they didn’t remedy it
creators of nuisance even if no longer occupying land
landlord by not evicting them

Question 23

Can malice impact whether an act is nuisance

Answer 23

yes it may cause an otherwise lawful act to be a nuisance.

Question 24

Can D be liable if nuisance is caused by the effect of nature on his land

Answer 24

yes if he fails to correct it

Question 25

is nature of locality relevant to a claim in private nuisance

Answer 25

only if claim is for loss of amenity (smell, noise etc.) not if it a claim for material damage to property

Question 26

can you claim for pure economic loss in private nuisance

Answer 26

no

Question 27

is planning permission relevant to a claim in private nuisance

Answer 27

it is a consideration but not a defense

Question 28

defenses to private nuisance

Answer 28

prescription (20 years) | statutory authority

Question 29

Is C coming to the nuisance a defense?

Answer 29

no

Question 30

remedies for private nuisance

Answer 30

injunction, damages, self-help

Question 31

when can damages be awarded in lieu of an injunction

Answer 31

shelfer: - when injury to C's legal rights is small - capable of being estimated in money - can be compensated by a small payment - injunction would be opressive

Question 32

what is public nuisance

Answer 32

affect reasonable comfort and convenience of life of class of people

Question 33

who brings an action in public nuisance

Answer 33

public authority or individual with special damage

Question 34

what is special damage

Answer 34

direct an substantial

Question 35

do you need an interest in land for public nuisance claim

Answer 35

no

Question 36

can you recover damage for personal injury in public nuisance

Answer 36

yes

Question 37

what can you recover damages for in a claim for public nuisance

Answer 37

property damage, obstruction of highway, personal injury, economic loss

Question 38

can you claim for personal injury in a private nuisance claim

Answer 38

no

Question 39

can a nuisance claim be based on a one off event

Answer 39

public nuisance can be but private nuisance is more likely to need a state of affairs

Question 40

rylands v fletcher requirements

Answer 40

in the course of non-natural use of land brings or keeps on land something likely to do damage if it escapes it does escape it causes damage of the foreseeable kind

Question 41

what kind of damage can be recovered for in rylands v fletcher

Answer 41

damage to property and land but not personal injury

Question 42

is there an action in rylands v fletcher if the damage stays within Ds property

Answer 42

no

Question 43

defenses to rylands v fletcher

Answer 43

``` act of God statutory authority consent of C common benefit act of stranger who D had no control over ```

Question 44

is spread of fire actionable in rylands v fletcher

Answer 44

no