Trespass and Nuisance - Sem Test

Question 1

What are the types of trespass?

Answer 1

Person
Land
Goods

Question 2

What are the elements to trespass to a person?

Answer 2

What the conduct was
Reasonable apprehension
Battery
False imprisonment

Question 3

What are the defences to battery?

Answer 3

Self Defence
Necessity (med emergencies)

Question 4

An example of a trespass to person case?

Answer 4

The casino:
-Conduct was innocent
-There was no suggestive harm to the person
-He wasn’t applying force
-He wasn’t falsely imprinsoned given the environment and the danger that person could pose to others

Question 5

Example of false imprisonment

Answer 5

Shoplifting guy was detained but there was no proof that he had done anything and nobody had the jurisdiction to do anything to him

Question 6

What are the elements to trespass to land?

Answer 6

Mistaken entry
Involuntary entry

Question 7

What are the defences for trespass to goods?

Answer 7

Interference wasn’t direct
P. wasn’t in possession at the time
Unintentional

Question 8

What is indirect interference with goods? (give an example)

Answer 8

It wasn’t exactly you’re problem that P suffered.
I.e. the dog in the field case