tresspass

Question 1

what are the 4 elements of trespass

Answer 1

1- must be direct interference to the land
2- must be voluntary interference
3- there is no need for the defendant to know there trespassing
4- there is no need for harm or loss

Question 2

dircect interference + case

Answer 2

esso petroleum
- oli tanker leeked and it speed to the claiments land, claimed it was not direct interference as it had naturally spead.

Question 3

voluntarily interference with land + case

Answer 3

stone v smith - a person was carried onto the land but it was not trespass and they didn’t voluntarily enter

Question 4

awareness not needed case

Answer 4

George Wimpey

Question 5

trespass not on land

Answer 5

can occur in the air and underground

Question 6

defences to trespass - cases

Answer 6

• legal authority may permit it e.g countryside and right of way act 2000
• consent - wood v lead bitter
• necessity