Trespass Flashcards
Was the tort of trespass developed by the courts or the govt?
Courts
What are the three types of the tort of trespass?
- person 2. property 3. goods
What are the three elements of battery?
- physical contact by d. 2. action was direct, intentional or negligent 3. lacking consent
How many of the three elements must be present to prove battery?
2/3 but lack of consent must be present
Is it necessary for the P to have suffered actual damage/loss to prove battery?
no - different from negligence
What is false imprisonment?
When d. deliberately or negligently confines the plaintiff in such a way that there is no means of escape
What must the imprisonment be in order to be false imprisonment?
Unlawful!
Can the imprisonment occur without the use of physical barriers?
Yes
What is the primary defence to trespass to the person?
Consent
List 4 defences to trespass to the person
- Incapacity 2. necessity 3. self defence 4. consent
What must be proven to successfully apply the defence of self-defence?
The use of force was not unreasonable
What is the defence of incapacity?
Covers peoples who were insane at the time the tort was committed
What must be proven for the defence of incapacity?
That insanity caused them to not have control over their actions
Give an example of where the defence of consent could be used
Sporting match
List 3 other possible defences
- Accidental 2. Parents are allowed to use reasonable force to discipline their children 3. lawful
What does the P NOT have to prove in trespass to land
- damage occurred 2. they owned the land
What must P show to claim trespass to land
- there was direct, unauthorised physical contact with the land 2. the land as exclusively possessed by the plaintiff
What two areas are treated differently in a trespass to land case?
- aeroplanes 2. minerals in the ground
What are the defences to trespass to land?
- consent 2. authorisation by legislation 3. involuntary (unconsciously carried onto the land) 4. p not entitled to exclusive possession of the land 5. the plaintiff did not have actual possession of the land 6. not intentional
What is trespass to goods
D interferes with goods in the possession of the p
When may an action for trespass to goods not succeed?
- if the interference was indirect 2. if the interference was unintentional
Do the goods have to have been damaged?
No :)
What are three defences to trespass to goods?
- interference was indirect 2. the p was not in possession of the goods at the time of the unlawful interference 3. interference was unintentional
What must you prove to show a trespass to goods
- that p was in possession of the goods at the time of the unlawful interference 2. the act as intentional 3. it was a direct act
What is trespass to goods closely related to?
civil action called conversion: when a person has converted the property of another person for their own use and therefore deprives p the right to possession
Give some examples of people who are exempt to the tort of trespass to land due to their job
- meter readers 2. postal workers 3. fire fighters
When does criminal trespass occur?
When person refuses to leave after a reasonable request has been made
What are the three types of trespass to the person?
- False Imprisonment 2. Battery 3. Assault
