TORTS - TRESPASS

Question 1

What is trespass?

Answer 1

Direct interference with another’s property; his person, land or goods.

Question 2

Trespass to the person?

Answer 2

May involve;
1. Assault (fear of immediate & unlawful violence).
2. Battery (applying force, however slight, to a person against their will)
3. False imprisonment (restraint of other w/o lawful justification)

Question 3

Trespass to land?

Answer 3

Can arise by;
1. Unlawfully entering land of another.
2. Unlawfully remaining on land where permission is revoked or time limit has expired.
3. Unlawfully throwing or placing objects onto the land of another, eg dumping rubbish

Question 4

Remedies for trespass on land?

Answer 4

1. Damages.
2. Grant of injunction
3. Ejection from land using reasonable force

Question 5

Trespass to goods?

Answer 5

1. Intentional or negligent interference with possession of goods belonging to another
2. Must be direct & forcible
3. Actionable w/o needing to prove the damage

Question 6

Trespass to goods may arise by?

Answer 6

Conversion;
1. Selling borrowed goods
2. Receiving stolen property by theft.