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year 1 - business law > sem 2 - lesson 6 - week 25 > Flashcards

sem 2 - lesson 6 - week 25 Flashcards

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1
Q

what are the three types of trespass

A

goods
land
person

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2
Q

what is the under the umbrella of trepsass to teh person

A

assault
battery
false imprisonment

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3
Q

what is trespass to goods

A

unlwaful

intentional

direct interference

with goods in possesion of another

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4
Q

what act/regulation comes under trespass to goods

A

the private security industry act 2001 (licneses) regulations 2007

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5
Q

in civil world we hoping to make convivciton on what rather than what

A

balance of probabilities rather than reassonable doubt

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6
Q

in civl world hwat do we look for compensation as opposed to criminal world

A

damages

rather than punishment

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7
Q

give example of trespass to goods

A

someoen moving a laptop

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8
Q

trespass is about protecting ………

A

an individuals rights

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9
Q

in trespass to goods what 2 rights do you have

A

rights to you own property but also the ownership (right to do the thing that you will)

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10
Q

how is wheel clamping a trespass to goods

A

when put clamp on car - direct interfrence w your possessions

haven’t taken them away from you but taken away the ability to use them - so been deprived of your possessions in a way

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11
Q

how did gov combat wheel clamping

A

made private security industry act 2001 meaning got to have license to own a wheel clamp

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12
Q

what is trespass to the perosn (assault)

A

intentional act

reasonably causing

a person to apprehend immediate violence to their person

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13
Q

what case do we use for trespass to teh eprson aasult

A

read v coker 1853

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14
Q

give example of assaultand why

A

someone coming towards you with fists drawn back

creating a moment where you realise there is gonna be immediate force perpetrated against you

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15
Q

if someone got fostr rasies towards you and tehy miss have they created assault - and why

A

yes

they caused a moment of fear

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16
Q

i someoen hits you from behind they dont assault you and why

A

they dont create that moemnt of fear

you dont see them so you cant apprehend immediate violence to theri person

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17
Q

if i someone comes up to you and says their gonna kill you next tueday why is this not assault

A

theri is no immediate violence to theru person

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18
Q

what happened in read v coker

A

rent collector going into garage which is late to pay on tax

when he asks quietly all mechanices put down tools and slowly walk towards collector who is terrified - he runds out of building and purseues claim for assault

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19
Q

what did court say about read v coker

A

yes it was assualt

casue he thought he was reasosnably about to eb attacked and

courts believed it was an interional act on the part of the mechanics

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20
Q

in basic what is assault

A

immediate reasonably thinking you are gonna be hurt regardless of what happens next

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21
Q

what is Battery (trespass to a person)

A

direct and intentional

applciation of force

to another perosn

without their consent

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22
Q

what french word does battery come from and what does it man

A

baterie - a beating

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23
Q

what cases do we use for batery

A

nashh v shen 1953

Re F (mental patient sterilisation) 1990

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24
Q

in medical world evrything is abttery unless

A

you’ve given consent

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25
Q

force doesnt have to be

A

painful

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26
Q

if someone is doing surgery and removes the wrong part why does this count as battery

A

you didnt get consent

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27
Q

what haooened in nash v sheen

A

woman goes hair dresser for colouring

theyuse wrong chemical and hair falls out

pursues action for battery

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28
Q

in nash v sheen was the pursuit for battery succesful and why

A

didn’t give consent

there’s been appication of force to her person

causing loss and damage

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29
Q

battery can e as minor as someon touchin gyou unwanted . but if you go to a crowded place why is it not battery

A

consented to some extent being in crowded place and your prescence is you giing consent

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30
Q

what happend in Re F

A

Woman w mental age issue is 10 alithuogh30 in real life

gets into sexual relationship w man w similar issues
everyone around her concenrd shell get preganant and wont be able to manage thta becuase of her condiiton

they want her to get sterilised but tt cant happen w/o her consent or it would be battery - but she can’t give her consent

doctos dont do it till it goes up to the court of protection

they ive permission and hospital proceeds with the procedure

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31
Q

in the Re F case was the end result battery and why - explain

A

it was battery but it was lawful

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32
Q

trespass to person false improsmentm

A

unlwaful prevention

of another from excersising their freedom of movement

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33
Q

what two cases do we use in false imprisonment

A

sayers v harlow urban district council 1958

R(Hannah Mclure and Joshua Moos v The commisioner of police of the metropolis 2012

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34
Q

simplistic view of false imprisonment

A

shop security guard thinks you’ve been shoplifting and puts you in room and says you not geting out till police come

but you didn’t do it and they have no pwoer to keep you

35
Q

if not arrested properly this is

A

false imprisonment

36
Q

sayer v harlow

A

woman goes into public toilet and stuck for hours

try to get out put full weight on toilet holder and tries to climb over the top , breaks her ankle

pusruse council for imprisonment

37
Q

What were the different decisions of sayers v harlow

A

found she contributed to her own situation which reasonable people would think that’s quite dangerous so they not liable for he rbroken ankle

responsibe for false imprisonment

38
Q

what happened in mcure v met police

A

2 massive protest on samw day and more people than the police htought htey could manage so they kettlee thtem

39
Q

what did court decide in mccure v police

A

kettling could be consdiered false imprisonment - not always legitimate if not sufficiently important and necessary to do so

when kettle people you are providing them of fundamntal liberty

40
Q

civil laws are designed to protect the what of who

A

the integrity of your

-person
- personhood
- liberty

41
Q

what is trespass to land- uu

A

the unlawful and unjustifiable

interference with land

which is in the posession of another

42
Q

what is the case fo trespass to land

A

davis v bennison

43
Q

what is teh key greek/latin phrase in trespass to land

A

for whoever owns the soil it is theris all tehway up to heaven and down to hell (your rights e.g house and garden)

44
Q

for a long tiem it was the case if you lived near and airport you’re right to enjoyment of land was interfred w everytime plane when toverhead till what

A

Cival Aviation Act of 1982

45
Q

what si civila aviation act of 1982

A

lawful to interfere w people property rights in relation to flightpaths but this doesn’t apply to drones

46
Q

what happened in davis v bennison

A

davis owns cat

benison is a nieghbour who dont like the cat

cat comes to Benison house on a regular

benison sees cat sleeping on shed and shoots and kills it

davis pursues bennison for trespass to goods and trespass to land

47
Q

why did davis prusue bennison for trepsas to goods and to and

A

goods - as cat is a possession

land - bullet crossed over land

48
Q

what was result of davis v bennison

A

bennion found guilty

49
Q

trespass has to be

A

direct

50
Q

why does parking on driveway count as interfering with land

A

even if we don’t cause me to harm i have the right to ownership of the land and to use it as i want

51
Q

if you interfere with something why are you guilty of trespass

A

law acknowledges not only the reality of use of parking space but also the fact I have property righ tot it - so regardless of whether its actually affected e.,g if id ont have a car - if you park car on drieway you’ve affecgted my practical ablilty to use the space I won and also you’ve offended my rpoperty rights

52
Q

nuisance

A
53
Q

what ar e hte 4 types of nuisance

A

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

54
Q

private nuisance definition

A

the indirect unlawful interference with another person’s land or his use or enjoyment of his land

nb - only the occupier, registered tenant (equitable and or legal intrest) or owner of land can sue

e.g fumes killing shrubs and platns, noise, smoke or smells

55
Q

what is the differnce between trespass and nuisance

A

diffreence between directly steppign onto my land (t)
and
making it difficult for me to use or enjoy my land (N)

56
Q

explain how nuisance canbe w noise

A

noise coming from elsewher but if im in my garden and you pllaying music incredily loud there is a point where that noise becomes unlawful interfernce with my right to use my land

57
Q

why is it called private nuisance (we focusing on this one btw)

A

its about priv rights of indi e.g as a homeowner/registered tenatn etc - got rights to use and enjoy my land

58
Q

what is public nuisance

A

when someone does something that affects public at large e.g. flytips across the motorway

you’ve indirectly interfered w publics right to enjoy public land

59
Q

statutory nuisance meaning

A

offence laid down by parliament that specifically says you cant do something

60
Q

when are you guilt of a statuory nuisance

A

parliament laid down a law saying you can’t flytip and you’ve been flytipping

61
Q

where you live will tell court something about the level of nuisance that is

A

unreasonable and unjustifiable

62
Q

give example fo where you lve will tell court something about the level of nuisance being reaonable

A

if live in country side unlikely to e able to say farm next dorr cockrel at 4am very noisy is creating a privatenuisamce

more reasonable to say nuisance that rpevent my enjoyment of land

63
Q

when does court saay you dont get special protection

A

you don’t get tspecial protection - you entitled to the avg and resanalbe level of protection cuz neighbouts got some rights too to lvie on property they don’t have to take care of extra specialsit neoighbours needs got to take care reasonably not ot be a nuisance but they don’t have to expceptionally understanding or considerate

64
Q

remedies - what are the remedies

A

damages
injunction
abatement

65
Q

in trespass cases we may wwn tpeop to x their behaviour

A

stop

66
Q

when we wat peopel to stop behaviour what may we use

A

abatment or injunction

67
Q

true or false you’ve got to be careful about what you are allwoed to do when things are annoying you

A

true

68
Q

give example being careful of what you do when things are annoying you - trees

A

if branches overhangin you’re allowed to cut them but only up to yuour boundary/the point the tree is trespassin in your land

but got to give branches back or else you’ve stolen posession - chuck em over

69
Q

but sometimes there is a defense for trespass give an exmaple of this

A

if something that grows a lot takes over neighbours garden but done that for 20 yrs you might be in a siutuation of prescription

70
Q

give example of ddefense against trespass

A

we’ve been doing this 20 years w/o objections therfore we have created right way to do this

walking through someones land for 20 years you’ve created a perscription/permission to be there

71
Q

what is a damge

A

quantified under negligence principles

e.g. the amount the land had reduced value whilst interference was happening

72
Q

what is an injunction

A

court order requiring a person to stop committing a nuisance

73
Q

what is an abatement

A

allows claimant to remove the nuisance in an nuisance e,g trim overgangin branches

nb: hand them back

74
Q

what is the cosequence for public nuisance

A

criminal prosecution

75
Q

wat two words/phrases can we also use to describe trespass to land

A

unauthorised
direct interference

76
Q

rule in rylands v fletcher 1868 aka

A

the strict liability rule

77
Q

what happened in the rule in rylands v fletcher

A

fletcher owned som eland and wanted to create a reservoir

on disused mine shaft

contractors said was hould we do - fletcher says just fillt them in the best you can as i wanna pursue

they do this and water leaks through the disused mine shaft and floods next door neighbours land

neigbour wants to pusruse mr fletcher

78
Q

what is the ruling and how did we get there in rylands v fletcher

A

fletcher says he didnt do anything wrong - i did everything i was supposed to do

the standard of care here is to not fall beow reaonable standard

court say if yuo hcose as landowner to bring unnatrual things onto premises i.e things not organically there already and it escapes you resoponsibel regardless of question of standard / whether you meant it to happen or not

thers no standard just strict liabilty

79
Q

fault liabiilit and strict liablity

A
80
Q

ther eis what kind of liabilty on pollution in rivers

A

strict liability

81
Q

if a river is polluted by a business are they strictly liable and why

A

yes

dont matter that they reied not to pollute it or they didnt know it was a problem

82
Q

what case do we use for strict liablity

A

alphacell v woodward

83
Q

what happened in alphacell v woodward

A

factory owner convicted of causing polluted matter to enter a river through underground pipe that become disconected due to vlocakge

84
Q

what does alphacell v wood ward show + result

A

guilty

we dont care what you knew /didnt if it happened it is your responisbiliy=ty

year 1 - business law (17 decks)

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