Trespass Flashcards
What are the 3 types of trespass?
Trespass to…
> goods
> land
> the person
What are the 3 types of trespass to the person?
- Assault
- Battery
- False imprisonment
What is trespass to goods?
The unlawful, intentional, direct interferences with goods in possession of another.
What is conversion?
A form of trespass to goods
If you intentionally interfere with goods owned by another
What are the 5 forms of committing conversion?
- Destroying or damaging goods
- Wrongfully using goods
- Wrongfully taking possession of goods
- Wrongfully disposing of goods
- Wrongfully refusing to surrender goods to the owner
Which Act governs conversion?
Torts (Interference with Goods) Act 1977
Which cases demonstrate trespass to goods?
Vine v Waltham Forest London Borough Council [2000]
Kirk v Gregory [1876]
Briefly describe Vine v Waltham Forest London Borough Council [2000]
D clamped C’s car when she parked in a permitted space for 5 mins on return from a distressing hospital appointment.
C paid the £105 fee and was released 20 mins later.
Held:
Clamping amounted to trespass to goods unless it could be proved C consented to the risk of being clamped.
D had to show C saw and understood a notice warning of clamping.
C said they didn’t see signs as they were poorly displayed and she was distressed.
C was awarded damages , plus interest, and £5 for not being able to use her car.
Briefly explain Kirk v Gregory [1876]
D moved jewellery belonging to her dead brother in law to a safer room.
This jewellery was actually stolen.
Held:
D was liable for trespass to goods by moving the goods.
Define assault
Intentional act which causes another person reasonably to feel frightened that they are about to be immediately battered.
Includes words alone
Which case example demonstrates assault?
Briefly explain the case
Read v Coker (1853)
C was in D’s shop.
D asked C to leave, but C said no.
D and others surrounded C and said if he didn’t leave, they would break his neck.
Held:
D’s actions and words constituted assault.
Define battery
Direct and intentional application of unlawful force to another person without their consent
Which case example demonstrates battery?
Briefly explain the case
Nash v Sheen [1953]
C went into D’s hairdressers
D used a tone rise without getting C’s consent.
C developed a skin condition due to an adverse reaction to the rinse.
Held:
D was liable for battery.
The consent given did not include tone rise and its consequences.
Which 2 cases demonstrate the inability to give consent?
Re F (Mental patient sterilisation) [1990]
Re A (conjoined twins) [2001]
Briefly explain Re F (Mental patient sterilisation) [1990]
F was a 36yr old woman with a serious mental disability.
She was a voluntary patient in a mental hospital since she was 14.
She developed a sexual relationship with another patient.
Mother and staff concerned she wouldn’t cope with pregnancy and raising a child.
Sought a declaration that it would be lawful for F to be sterilised.
F could not give valid consent as she didn’t appreciate the operation’s implications.
Held:
Declaration was granted.
Briefly describe Re A (conjoined twins) [2001]
2 girls were conjoined twins, however one was stronger and capable of living independently, whereas the other was not.
If the twins were left as they were, they would both die.
The parents refused to consent to operate them.
Doctors applied for a declaration that it was lawful to separate the girls.
Held:
The operation was in both girls’ best interest, so the declaration was granted
What is false imprisonment?
Unlawfully depriving somebody of their liberty and right to freedom, either intentionally or negligently
Restraint must be intentional and complete
Which 2 cases demonstrate false imprisonment?
Sayers v Harlow Urban District Council [1958]
R (on the application of Hannah McClure and Joshua Moos) v The Commissioner of Police of the Metropolis [2012]
Describe Sayers v Harlow Urban District Council [1958]
C visited D’s public toilets.
C locked door and got stuck in the cubicle.
She tried to climb out but slipped and sustained personal injury.
C sued for negligence and false imprisonment.
Held:
Restraint was complete but not intentional.
D were not liable for false imprisonment.
D were negligent re the faulty door, but C took disproportionate risks, so the injury was too remote.
Describe R (on the application of Hannah McClure and Joshua Moos) v The Commissioner of Police of the Metropolis [2012]
Cs were demonstrates at G20 summit.
Cs complained of kettling for 4hrs+, which separated them from people behaving unlawfully
Held:
D were liable for false imprisonment.
Define trespass to land
What are the 3 ways this can be committed?
The unlawful and unjustifiable interference with land in possession of another
- intentionally or unintentionally
- by a person entering or putting objects on another’s land
- under the ground or in the airspace above land
Which case demonstrates trespass to land?
Davies v Bennison [1927]
D thought C’s cat was going to harm his wildlife.
D shot C’s cat.
Held:
The bullet intruded onto C’s land through the airspace.
Which Act governs planes?
Civil Aviation Act 1982
What are the remedies available for trespass?
Damages
Injunction
Abatement
How are damages awarded for trespass?
How are they quantified in trespass to land?
How are they quantified in trespass to goods/conversion?
Quantified under negligence principles
- > how has the land value reduced?
- > how much has the loss of business cost?
- > could be how much the trespasser gained from the interference?
Market value of the goods
OR
If the goods have been returned, the loss caused by the claimant by not having possession of the goods.
What is the difference between fault liability and strict liability?
Fault liability = D either intended to cause harm, did not reasonably foresee harm or failed to consider risk
e.g. negligence
C bears burden of proof
-> must show D didn’t act reasonably and this caused C harm
Strict liability = D is automatically liable
C does not bear burden of proof
-> only need to prove causal link between D’s tortious behaviour and damage to C
How is strict liability imposed by:
> common law?
> statute?
> criminal law?
- Limited in common law
e. g. rule in Rylands v Fletcher - No. of statutes
e. g. Consumer Protection Act 1987
- don’t need to prove manufacturer was negligent if a product causes you harm - Criminal law
e. g. speeding, driving without insurance
Give a case example of strict liability
Which Act was used in this example?
Alphacell Ltd v Woodward [1972]
The defendant owned a factory which was unknowingly polluting a river due to a blockage and disconnected pipe.
Held:
D was guilty of negligence.
As a matter of public policy the offence was one of strict liability
Rivers (Prevention of Pollution) Act 1951
