Tort 1: Intentional Tort

Question 1

What must a claimant show for trespass of land?

Answer 1

Exclusive possession of land
- Land: including buildings, subsoil or airspace (up to hight necessary for ordinary use)

Direct Interference
- stepping foot on it, taking possession of it, placing something on it, throwing something on it, allowing animals to stray on it

Intention
- D must only intend to enter land

Question 2

What might constitute indirect interference with land? Is this trespass?

Answer 2

Not Trespass

• Planting tree on own land and roots or branches grow as to extend onto neighbours land
• noise or vibrations or bad smells

Question 3

Can negligence be used to pursue trespass?

Answer 3

Yes can be used
- ie you recognise possibility of trespass (knowing your animals may go on others land and do nothing)

Claimant may prefer to bring claim for trespass rather than in tort of negligence in order to obtain injunction

Question 4

What are defences to trespass?

Answer 4

Lawful entry
- with permission or with statutory authority

Necessity
- if necessary to preserve life or property

Question 5

What remedies are available for trespass?

Answer 5

Damages

Injection

Action for recovery of land (order of possession)
- if dispossessed by defendant

Self Help
- can use reasonable force to remove a trespasser but subject to statutory controls

Question 6

What torts are included in trespass to the person?

Answer 6

Battery

Assault

False Imprisonment

Question 7

What are the elements of False Imprisonment?

Answer 7

Unlawful

Intentional
- but need not intend for it to be unlawful

Constraint of Freedom of Movement
- must be fully constrained at all directions

Question 8

Defences to trespass of the person

Answer 8

Consent

Necessity
- D acts reasonably to prevent harm

Self Defence
- if honest and reasonable belief they are about to be attacked / or in defence of others or property
- force must be reasonable

Question 9

What are the remedies to trespass of the person?

Answer 9

Damages
- for actual damage, indignity or inconvenience
- or nominal

Question 10

What are the elements of trespass to goods?

Answer 10

Intentional and direct interference with C’s possession of goods

Interference
- taking goods, damaging goods, moving goods

Intention
- defendant must intend to interfere with goods

Question 11

What are the remedies for trespass of goods?

Answer 11

Damages
- nominal if no damage
- compensatory if goods damaged or deprived (at market value)

Question 12

What is the tort of conversion (and elements)?

Answer 12

Deal with goods in what which is seriously inconsistent with the rights of the owner.

Intention
- must intend to do the act which interferes with goods But not to infringe C’s rights

Acts of Conversion
- theft, wrongful transfer, wrongful detention, substantially changing, securely damaging or misusing

Question 13

Remedies to tort of conversion

Answer 13

If D still has possession of goods:
- an order for delivery of the goods;
- damages (fair market value)

If D no longer has goods
- damages