sem 2 - lesson 6 - week 25 Flashcards
what are the three types of trespass
goods
land
person
what is the under the umbrella of trepsass to teh person
assault
battery
false imprisonment
what is trespass to goods
unlwaful
intentional
direct interference
with goods in possesion of another
what act/regulation comes under trespass to goods
the private security industry act 2001 (licneses) regulations 2007
in civil world we hoping to make convivciton on what rather than what
balance of probabilities rather than reassonable doubt
in civl world hwat do we look for compensation as opposed to criminal world
damages
rather than punishment
give example of trespass to goods
someoen moving a laptop
trespass is about protecting ………
an individuals rights
in trespass to goods what 2 rights do you have
rights to you own property but also the ownership (right to do the thing that you will)
how is wheel clamping a trespass to goods
when put clamp on car - direct interfrence w your possessions
haven’t taken them away from you but taken away the ability to use them - so been deprived of your possessions in a way
how did gov combat wheel clamping
made private security industry act 2001 meaning got to have license to own a wheel clamp
what is trespass to the perosn (assault)
intentional act
reasonably causing
a person to apprehend immediate violence to their person
what case do we use for trespass to teh eprson aasult
read v coker 1853
give example of assaultand why
someone coming towards you with fists drawn back
creating a moment where you realise there is gonna be immediate force perpetrated against you
if someone got fostr rasies towards you and tehy miss have they created assault - and why
yes
they caused a moment of fear
i someoen hits you from behind they dont assault you and why
they dont create that moemnt of fear
you dont see them so you cant apprehend immediate violence to theri person
if i someone comes up to you and says their gonna kill you next tueday why is this not assault
theri is no immediate violence to theru person
what happened in read v coker
rent collector going into garage which is late to pay on tax
when he asks quietly all mechanices put down tools and slowly walk towards collector who is terrified - he runds out of building and purseues claim for assault
what did court say about read v coker
yes it was assualt
casue he thought he was reasosnably about to eb attacked and
courts believed it was an interional act on the part of the mechanics
in basic what is assault
immediate reasonably thinking you are gonna be hurt regardless of what happens next
what is Battery (trespass to a person)
direct and intentional
applciation of force
to another perosn
without their consent
what french word does battery come from and what does it man
baterie - a beating
what cases do we use for batery
nashh v shen 1953
Re F (mental patient sterilisation) 1990
in medical world evrything is abttery unless
you’ve given consent
force doesnt have to be
painful
if someone is doing surgery and removes the wrong part why does this count as battery
you didnt get consent
what haooened in nash v sheen
woman goes hair dresser for colouring
theyuse wrong chemical and hair falls out
pursues action for battery
in nash v sheen was the pursuit for battery succesful and why
didn’t give consent
there’s been appication of force to her person
causing loss and damage
battery can e as minor as someon touchin gyou unwanted . but if you go to a crowded place why is it not battery
consented to some extent being in crowded place and your prescence is you giing consent
what happend in Re F
Woman w mental age issue is 10 alithuogh30 in real life
gets into sexual relationship w man w similar issues
everyone around her concenrd shell get preganant and wont be able to manage thta becuase of her condiiton
they want her to get sterilised but tt cant happen w/o her consent or it would be battery - but she can’t give her consent
doctos dont do it till it goes up to the court of protection
they ive permission and hospital proceeds with the procedure
in the Re F case was the end result battery and why - explain
it was battery but it was lawful
trespass to person false improsmentm
unlwaful prevention
of another from excersising their freedom of movement
what two cases do we use in false imprisonment
sayers v harlow urban district council 1958
R(Hannah Mclure and Joshua Moos v The commisioner of police of the metropolis 2012
simplistic view of false imprisonment
shop security guard thinks you’ve been shoplifting and puts you in room and says you not geting out till police come
but you didn’t do it and they have no pwoer to keep you
if not arrested properly this is
false imprisonment
sayer v harlow
woman goes into public toilet and stuck for hours
try to get out put full weight on toilet holder and tries to climb over the top , breaks her ankle
pusruse council for imprisonment
What were the different decisions of sayers v harlow
found she contributed to her own situation which reasonable people would think that’s quite dangerous so they not liable for he rbroken ankle
responsibe for false imprisonment
what happened in mcure v met police
2 massive protest on samw day and more people than the police htought htey could manage so they kettlee thtem
what did court decide in mccure v police
kettling could be consdiered false imprisonment - not always legitimate if not sufficiently important and necessary to do so
when kettle people you are providing them of fundamntal liberty
civil laws are designed to protect the what of who
the integrity of your
-person
- personhood
- liberty
what is trespass to land- uu
the unlawful and unjustifiable
interference with land
which is in the posession of another
what is the case fo trespass to land
davis v bennison
what is teh key greek/latin phrase in trespass to land
for whoever owns the soil it is theris all tehway up to heaven and down to hell (your rights e.g house and garden)
for a long tiem it was the case if you lived near and airport you’re right to enjoyment of land was interfred w everytime plane when toverhead till what
Cival Aviation Act of 1982
what si civila aviation act of 1982
lawful to interfere w people property rights in relation to flightpaths but this doesn’t apply to drones
what happened in davis v bennison
davis owns cat
benison is a nieghbour who dont like the cat
cat comes to Benison house on a regular
benison sees cat sleeping on shed and shoots and kills it
davis pursues bennison for trespass to goods and trespass to land
why did davis prusue bennison for trepsas to goods and to and
goods - as cat is a possession
land - bullet crossed over land
what was result of davis v bennison
bennion found guilty
trespass has to be
direct
why does parking on driveway count as interfering with land
even if we don’t cause me to harm i have the right to ownership of the land and to use it as i want
if you interfere with something why are you guilty of trespass
law acknowledges not only the reality of use of parking space but also the fact I have property righ tot it - so regardless of whether its actually affected e.,g if id ont have a car - if you park car on drieway you’ve affecgted my practical ablilty to use the space I won and also you’ve offended my rpoperty rights
nuisance
what ar e hte 4 types of nuisance
private nuisance
public nuisance
statutory nuisance
the rule in rylands v fletcher
private nuisance definition
the indirect unlawful interference with another person’s land or his use or enjoyment of his land
nb - only the occupier, registered tenant (equitable and or legal intrest) or owner of land can sue
e.g fumes killing shrubs and platns, noise, smoke or smells
what is the differnce between trespass and nuisance
diffreence between directly steppign onto my land (t)
and
making it difficult for me to use or enjoy my land (N)
explain how nuisance canbe w noise
noise coming from elsewher but if im in my garden and you pllaying music incredily loud there is a point where that noise becomes unlawful interfernce with my right to use my land
why is it called private nuisance (we focusing on this one btw)
its about priv rights of indi e.g as a homeowner/registered tenatn etc - got rights to use and enjoy my land
what is public nuisance
when someone does something that affects public at large e.g. flytips across the motorway
you’ve indirectly interfered w publics right to enjoy public land
statutory nuisance meaning
offence laid down by parliament that specifically says you cant do something
when are you guilt of a statuory nuisance
parliament laid down a law saying you can’t flytip and you’ve been flytipping
where you live will tell court something about the level of nuisance that is
unreasonable and unjustifiable
give example fo where you lve will tell court something about the level of nuisance being reaonable
if live in country side unlikely to e able to say farm next dorr cockrel at 4am very noisy is creating a privatenuisamce
more reasonable to say nuisance that rpevent my enjoyment of land
when does court saay you dont get special protection
you don’t get tspecial protection - you entitled to the avg and resanalbe level of protection cuz neighbouts got some rights too to lvie on property they don’t have to take care of extra specialsit neoighbours needs got to take care reasonably not ot be a nuisance but they don’t have to expceptionally understanding or considerate
remedies - what are the remedies
damages
injunction
abatement
in trespass cases we may wwn tpeop to x their behaviour
stop
when we wat peopel to stop behaviour what may we use
abatment or injunction
true or false you’ve got to be careful about what you are allwoed to do when things are annoying you
true
give example being careful of what you do when things are annoying you - trees
if branches overhangin you’re allowed to cut them but only up to yuour boundary/the point the tree is trespassin in your land
but got to give branches back or else you’ve stolen posession - chuck em over
but sometimes there is a defense for trespass give an exmaple of this
if something that grows a lot takes over neighbours garden but done that for 20 yrs you might be in a siutuation of prescription
give example of ddefense against trespass
we’ve been doing this 20 years w/o objections therfore we have created right way to do this
walking through someones land for 20 years you’ve created a perscription/permission to be there
what is a damge
quantified under negligence principles
e.g. the amount the land had reduced value whilst interference was happening
what is an injunction
court order requiring a person to stop committing a nuisance
what is an abatement
allows claimant to remove the nuisance in an nuisance e,g trim overgangin branches
nb: hand them back
what is the cosequence for public nuisance
criminal prosecution
wat two words/phrases can we also use to describe trespass to land
unauthorised
direct interference
rule in rylands v fletcher 1868 aka
the strict liability rule
what happened in the rule in rylands v fletcher
fletcher owned som eland and wanted to create a reservoir
on disused mine shaft
contractors said was hould we do - fletcher says just fillt them in the best you can as i wanna pursue
they do this and water leaks through the disused mine shaft and floods next door neighbours land
neigbour wants to pusruse mr fletcher
what is the ruling and how did we get there in rylands v fletcher
fletcher says he didnt do anything wrong - i did everything i was supposed to do
the standard of care here is to not fall beow reaonable standard
court say if yuo hcose as landowner to bring unnatrual things onto premises i.e things not organically there already and it escapes you resoponsibel regardless of question of standard / whether you meant it to happen or not
thers no standard just strict liabilty
fault liabiilit and strict liablity
ther eis what kind of liabilty on pollution in rivers
strict liability
if a river is polluted by a business are they strictly liable and why
yes
dont matter that they reied not to pollute it or they didnt know it was a problem
what case do we use for strict liablity
alphacell v woodward
what happened in alphacell v woodward
factory owner convicted of causing polluted matter to enter a river through underground pipe that become disconected due to vlocakge
what does alphacell v wood ward show + result
guilty
we dont care what you knew /didnt if it happened it is your responisbiliy=ty
