Trespass case studies

Question 1

Trespass to persons

Answer 1

Hart V Herron - drugged and held for treatment at hospital without consent

Question 2

False Imprisonment - no barrier

Answer 2

1. Myer Stores Ltd. v Soo plaintiff suspected of shoplifting, detained and interrogated for an hour without arrest - door was left open

Question 3

False imprisonment and battery

Answer 3

Branded as a thief - Trespass Booklet •suspected of shoplifting, assaulted and detained by security guard

Question 4

Trespass to land

Answer 4

Stoneman v Lyons - d excavated a tench under p’s garage (building a shopping mall) damaged the garage

Question 5

Not a trespass to goods due to the act of interference not being direct by the d

Answer 5

Hutchins v Maughan - sheep and cattle dogs, poisoned bait, he’d been warned, public property