TRESPASS

Question 1

4

INTENTIONAL TORTS

Answer 1

1.trespass to land
2.trespass to person
3.trespass to goods
4.conversion

Question 2

4

trespass to land

Answer 2

a. Possession
To bring an action for trespass to land, the claimant must have** exclusive possession of the land.-no need to be present.
b. Land
Trespass protects land and buildings erected on the land.
This includes not just the surface of the land but also the subsoil. It also protects airspace above the land up to a height necessary for the ordinary use** of the land and the buildings on it. For example, a trespass may occur by:
* Digging a tunnel from your own land underneath your neighbour’s land.
* Swinging a crane or flying a drone through your neighbour’s airspace.
c. Unlawful Direct Interference
Interference is direct when a person’s action creates contact with the land.
d. Intention
Trespass to land is committed by a volitional act of entering the land or causing an object to enter the land. The defendant need not intend to commit the tort of trespass and need not know that the land belongs to another.

Question 3

3

trespass to person

Answer 3

1.battery
2.assault
3.false imprisonment

Question 4

4

battery

Answer 4

Battery is the** intentional direct application of unlawful force **
to the claimant’s person.
a. Unlawful Force
Unlawful force includes any** unwanted** physical contact that is not generally acceptable in the ordinary conduct of everyday life. So, for example, kissing or touching a person without their consent can amount to a battery.
b. Direct Contact
The application of force must create contact with the claimant’s person
c.Intention
The act of applying force must be volitional; an involuntary action does not amount to a battery
d.need not intend harm

Question 5

what is assault

Answer 5

An assault is an intentional act which causes the claimant reasonably to apprehend the immediate and direct infliction of unlawful force on their person (that is, apprehension of a battery).

Question 6

2

elements of assult

Answer 6

a. Intention
The defendant must have intended the claimant to apprehend the use of force.
b. Apprehension of Force
The claimant must be aware of the threat of force; no assault
is committed if the claimant is unaware of the threat

Distinguish Fear
‘Apprehension’ of force does not require the claimant to
be afraid.

Question 7

what is false imprisonment

Answer 7

False imprisonment is the unlawful constraint of the claimant’s freedom of movement from a particular place.

Question 8

3

elements of false imprisonment

Answer 8

a. Unlawful
‘False’ imprisonment means that the constraint must be unlawful.
b. Intention
The defendant’s actions in constraining the claimant’s freedom of movement must be intentional. However, the defendant need not intend the constraint to be unlawful.
c. Constraint on Freedom of Movement
‘Imprisonment’ simply refers to actions which deprive the claimant of freedom of movement. There must be a complete constraint on the claimant’s freedom of movement in every direction.

Question 9

3

trespass to goods

Answer 9

Definition
Trespass to goods is an intentional and direct interference with the claimant’s possession of goods.
a. Interference
Interference is an act upon another’s goods that goes beyond what is acceptable in everyday life. Examples of trespass to goods would be deliberately scratching a car or unlawfully applying a wheel clamp to a car to prevent it being moved.
b. Intention
The defendant must intend to do the act of interference.
However, the defendant need not intend to commit the tort of trespass

Question 10

what is conversion

Answer 10

A person commits the tort of conversion when they deal with another person’s goods in a way which is seriously inconsistent with the rights of the owne

Question 11

elements of conversion

Answer 11

a. Intention
The defendant must intend to do the act of interference with the goods. However, they need not intend to infringe the claimant’s rights.
b. Acts of Conversion
The defendant commits conversion when their actions are inconsistent with the rights of the owner to such an extent as to** exclude** the owner from use and possession of the goods. Acts of conversion include** wrongful acquisition** (theft), wrongful transfer, wrongful detention, and substantially
changing, severely damaging, or misusing a chattel.
c. Relationship Between Conversion and Trespass
We have seen that trespass to goods involves interference with possession and that conversion involves dealing with goods in a way which is inconsistent with the rights of the owner. Trespass to goods and conversion may sometimes exist concurrently