TRESPASS Monday 1 August 2011. 3 categories of Trespass Trespass to the person Trespass to land ...
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Transcript of TRESPASS Monday 1 August 2011. 3 categories of Trespass Trespass to the person Trespass to land ...
TRESPASS
Monday 1 August 2011
3 categories of Trespass
Trespass to the person Trespass to land Trespass to goods (things)
Trespass to the person
Protects an individual’s right to freedom and safety
3 main categories of Trespass to the Person
Assault Battery False imprisonment
Assault
Assault can result in both criminal and civil actions
The tort of assault carries a slightly different meaning to the crime of assault
The tort of assault is ‘placing a person in a position where the person reasonably believes that they are in immediate physical danger’
Examples of Assault
To threaten someone with a knife To throw a punch that misses Unwanted kissing or cuddling Pointing a toy gun and threatening to
use it if the victim thinks the gun is real
Elements
1. Defendant posed a direct threat to the plaintiff
2. Plaintiff had a reasonable fear of harm due to the threat
3. Plaintiff had knowledge of the threat made by the defendant
Battery
Battery is “the actual application of physical harm without consent”
It is often combined with assault In criminal law, there is no separation of
the threat of physical harm and the actual carrying out of the threat
In civil law, we separate the threat or fear of immediate physical danger (‘assault’) and the act of carrying out the threat (‘battery’)
Elements
1. Defendant made direct contact with the plaintiff’s body
2. Defendant intended to make contact 3. Defendant acted voluntarily
Defences to assault and battery Incapacity Self-defence Necessity Consent Other (accident, etc)
False Imprisonment
False imprisonment is to illegally detain someone
Examples
Being locked up Being marooned in a way that is difficult
or dangerous to escape Excludes lawful arrest or detention by
police
Examples of Trespass to Land 1. Entering another person’s land
without permission 2. Staying there longer than permitted 3. Putting something on or against the
land of another person
NUISANCE
Definition
Nuisance is the “violation of the right of a person to reasonable convenience and comfort in life.”
2 types of nuisance: 1. Public nuisance 2. Private nuisance
Public Nuisance
Dealt with under criminal law as well Includes situations that pose a danger to
the public
Private Nuisance
The interference with our right to enjoy our land
Elements
1. Defendant’s action is a physical interference with the plaintiff’s enjoyment of land
2. Plaintiff suffers actual loss or harm 3. Defendant’s action is continuous and
reasonably serious
Defences
Interference is not serious Plaintiff is extremely sensitive
Round 1
Name the elements of assault
Round 2
Name the elements of battery
Round 3
Name the defences to assault and battery
Round 4
Name the elements of private nuisance
Round 5
Name the elements of negligence