tresspass and neissance

Question 1

what are the three types of trespass?

Answer 1

• trespass of goods
• trespass to the person
• trespass to land

Question 2

what is trespass of goods

Answer 2

• unlawful intentional direct interferance with goods in posession of another
• doesnt have to be stealing could be taking a bike riding it around the park then butting it back
• parliament passes a private secruity industry action in 2001 with requires people to have lisences to have wheel clamps as car park owners were claimping cars with no lisence

Question 3

what are the 3 catergoies of trespass to the person?

Answer 3

• assult
• battery
• false imprisonment

Question 4

assult

Answer 4

an intentional act which causes another pereson to apprehend immediate violence to their person

• ie is. somone raises their fist to you. but doenst hit you this counts as assult as it was intended to harm

(read v cokere)

Question 5

battery

Answer 5

• the actual contact
• direct and interntional application of force to another peron without their consent
• can even be an unwanted kiss in civil law

(Nash v sheen) or Re F case

Question 6

false imprisonment

Answer 6

the unlawful prevention of another from exercising their freedom of movement

( r v comissioner of police of the metropolis)
(sayers v harlow concil)

Question 7

trespass to land

Answer 7

• the unlawful and unjustifiable interference with land which is in possession of another
• counts for the air above your land and the ground below (heavan and hell rule)
• drones and hot air ballons and even neighbours branches count)

case: davis v bennison

Question 8

what is the exception to air space trespass

Answer 8

civil aviation act 1982 allowed planes to fly over your house and you cant sue for tresspass

Question 9

what are the 4 types of neissance

Answer 9

• private
• public
• statutory
• the rule in rylands v fletcher

Question 10

private neissance?

Answer 10

• the indireect unlawful interference with another persons snses
• noice,fumes, smells ect
• the principle in law is that everyone is entitled to enjoy their porperty as they wish
  but people are also allowed the right to a quiet property

case: christie v davie (balence of rights)

Question 11

requirements for private neissance

Answer 11

• claimant can only be a claimant if they have a registed interest in the property (if you are renting you dont have a say)
• neissance must be consistent in nature it cant be a one off like fireworks
• have to balence. rights

Question 12

remedies for private neissance:

Answer 12

• damagees: calculates as the amount by which the value of the land has been reduced
• injunction: court order requring a person to stop commmitting a neisance
• asbtanment: allows claimant to remove the neisance

Question 13

defences

Answer 13

private nuisance only:
- perscription: a claim that a defendant has aquireed a right to cause the relevant neisance becasue they have done so fro. 20 years without interuption

public only:
consent

• statutory defences: not liable for neisance if you are complying with a statute
• contributory negligence

Question 14

what is the rule in ryland v fletcher

Answer 14

if you bring something un-natural or unsual to your property you are responsible for it

in the case fletcher built a reservoir above some old mines, the mines collapsed and the water ran into neighbours garden (he is liable)

Question 15

what is the rule from ryland v fletcher an example of?

Answer 15

strict liability
this is to create a safe enviroment