Trespass

Question 1

What are the 3 types of trespass?

Answer 1

Trespass to…
> goods
> land
> the person

Question 2

What are the 3 types of trespass to the person?

Answer 2

1. Assault
2. Battery
3. False imprisonment

Question 3

What is trespass to goods?

Answer 3

The unlawful, intentional, direct interferences with goods in possession of another.

Question 4

What is conversion?

Answer 4

A form of trespass to goods

If you intentionally interfere with goods owned by another

Question 5

What are the 5 forms of committing conversion?

Answer 5

1. Destroying or damaging goods
2. Wrongfully using goods
3. Wrongfully taking possession of goods
4. Wrongfully disposing of goods
5. Wrongfully refusing to surrender goods to the owner

Question 6

Which Act governs conversion?

Answer 6

Torts (Interference with Goods) Act 1977

Question 7

Which cases demonstrate trespass to goods?

Answer 7

Vine v Waltham Forest London Borough Council [2000]

Kirk v Gregory [1876]

Question 8

Briefly describe Vine v Waltham Forest London Borough Council [2000]

Answer 8

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.

Question 9

Briefly explain Kirk v Gregory [1876]

Answer 9

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.

Question 10

Define assault

Answer 10

Intentional act which causes another person reasonably to feel frightened that they are about to be immediately battered.

Includes words alone

Question 11

Which case example demonstrates assault?

Briefly explain the case

Answer 11

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.

Question 12

Define battery

Answer 12

Direct and intentional application of unlawful force to another person without their consent

Question 13

Which case example demonstrates battery?

Briefly explain the case

Answer 13

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.

Question 14

Which 2 cases demonstrate the inability to give consent?

Answer 14

Re F (Mental patient sterilisation) [1990]

Re A (conjoined twins) [2001]

Question 15

Briefly explain Re F (Mental patient sterilisation) [1990]

Answer 15

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.

Question 16

Briefly describe Re A (conjoined twins) [2001]

Answer 16

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

Question 17

What is false imprisonment?

Answer 17

Unlawfully depriving somebody of their liberty and right to freedom, either intentionally or negligently

Restraint must be intentional and complete

Question 18

Which 2 cases demonstrate false imprisonment?

Answer 18

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]

Question 19

Describe Sayers v Harlow Urban District Council [1958]

Answer 19

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.

Question 20

Describe R (on the application of Hannah McClure and Joshua Moos) v The Commissioner of Police of the Metropolis [2012]

Answer 20

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.

Question 21

Define trespass to land

What are the 3 ways this can be committed?

Answer 21

The unlawful and unjustifiable interference with land in possession of another

1. intentionally or unintentionally
2. by a person entering or putting objects on another’s land
3. under the ground or in the airspace above land

Question 22

Which case demonstrates trespass to land?

Answer 22

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.

Question 23

Which Act governs planes?

Answer 23

Civil Aviation Act 1982

Question 24

What are the remedies available for trespass?

Answer 24

Damages
Injunction
Abatement

Question 25

How are damages awarded for trespass?

How are they quantified in trespass to land?

How are they quantified in trespass to goods/conversion?

Answer 25

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.

Question 26

What is the difference between fault liability and strict liability?

Answer 26

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

Question 27

How is strict liability imposed by:
> common law?
> statute?
> criminal law?

Answer 27

1. Limited in common law
   e. g. rule in Rylands v Fletcher
2. No. of statutes
   e. g. Consumer Protection Act 1987
   - don’t need to prove manufacturer was negligent if a product causes you harm
3. Criminal law
   e. g. speeding, driving without insurance

Question 28

Give a case example of strict liability

Which Act was used in this example?

Answer 28

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