sem 2 - lesson 6 - week 25

Question 1

what are the three types of trespass

Answer 1

goods
land
person

Question 2

what is the under the umbrella of trepsass to teh person

Answer 2

assault
battery
false imprisonment

Question 3

what is trespass to goods

Answer 3

unlwaful

intentional

direct interference

with goods in possesion of another

Question 4

what act/regulation comes under trespass to goods

Answer 4

the private security industry act 2001 (licneses) regulations 2007

Question 5

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

Answer 5

balance of probabilities rather than reassonable doubt

Question 6

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

Answer 6

damages

rather than punishment

Question 7

give example of trespass to goods

Answer 7

someoen moving a laptop

Question 8

trespass is about protecting ………

Answer 8

an individuals rights

Question 9

in trespass to goods what 2 rights do you have

Answer 9

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

Question 10

how is wheel clamping a trespass to goods

Answer 10

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

Question 11

how did gov combat wheel clamping

Answer 11

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

Question 12

what is trespass to the perosn (assault)

Answer 12

intentional act

reasonably causing

a person to apprehend immediate violence to their person

Question 13

what case do we use for trespass to teh eprson aasult

Answer 13

read v coker 1853

Question 14

give example of assaultand why

Answer 14

someone coming towards you with fists drawn back

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

Question 15

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

Answer 15

yes

they caused a moment of fear

Question 16

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

Answer 16

they dont create that moemnt of fear

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

Question 17

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

Answer 17

theri is no immediate violence to theru person

Question 18

what happened in read v coker

Answer 18

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

Question 19

what did court say about read v coker

Answer 19

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

Question 20

in basic what is assault

Answer 20

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

Question 21

what is Battery (trespass to a person)

Answer 21

direct and intentional

applciation of force

to another perosn

without their consent

Question 22

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

Answer 22

baterie - a beating

Question 23

what cases do we use for batery

Answer 23

nashh v shen 1953

Re F (mental patient sterilisation) 1990

Question 24

in medical world evrything is abttery unless

Answer 24

you’ve given consent

Question 25

force doesnt have to be

Answer 25

painful

Question 26

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

Answer 26

you didnt get consent

Question 27

what haooened in nash v sheen

Answer 27

woman goes hair dresser for colouring theyuse wrong chemical and hair falls out pursues action for battery

Question 28

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

Answer 28

didn't give consent there's been appication of force to her person causing loss and damage

Question 29

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

Answer 29

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

Question 30

what happend in Re F

Answer 30

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

Question 31

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

Answer 31

it was battery but it was lawful

Question 32

trespass to person false improsmentm

Answer 32

unlwaful prevention of another from excersising their freedom of movement

Question 33

what two cases do we use in false imprisonment

Answer 33

sayers v harlow urban district council 1958 R(Hannah Mclure and Joshua Moos v The commisioner of police of the metropolis 2012

Question 34

simplistic view of false imprisonment

Answer 34

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

Question 35

if not arrested properly this is

Answer 35

false imprisonment

Question 36

sayer v harlow

Answer 36

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

Question 37

What were the different decisions of sayers v harlow

Answer 37

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

Question 38

what happened in mcure v met police

Answer 38

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

Question 39

what did court decide in mccure v police

Answer 39

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

Question 40

civil laws are designed to protect the what of who

Answer 40

the integrity of your -person - personhood - liberty

Question 41

what is trespass to land- uu

Answer 41

the unlawful and unjustifiable interference with land which is in the posession of another

Question 42

what is the case fo trespass to land

Answer 42

davis v bennison

Question 43

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

Answer 43

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

Question 44

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

Answer 44

Cival Aviation Act of 1982

Question 45

what si civila aviation act of 1982

Answer 45

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

Question 46

what happened in davis v bennison

Answer 46

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

Question 47

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

Answer 47

goods - as cat is a possession land - bullet crossed over land

Question 48

what was result of davis v bennison

Answer 48

bennion found guilty

Question 49

trespass has to be

Answer 49

direct

Question 50

why does parking on driveway count as interfering with land

Answer 50

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

Question 51

if you interfere with something why are you guilty of trespass

Answer 51

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

Question 52

nuisance

Question 53

what ar e hte 4 types of nuisance

Answer 53

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

Question 54

private nuisance definition

Answer 54

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

Question 55

what is the differnce between trespass and nuisance

Answer 55

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

Question 56

explain how nuisance canbe w noise

Answer 56

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*

Question 57

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

Answer 57

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

Question 58

what is public nuisance

Answer 58

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

Question 59

statutory nuisance meaning

Answer 59

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

Question 60

when are you guilt of a statuory nuisance

Answer 60

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

Question 61

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

Answer 61

unreasonable and unjustifiable

Question 62

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

Answer 62

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

Question 63

when does court saay you dont get special protection

Answer 63

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

Question 64

remedies - what are the remedies

Answer 64

damages injunction abatement

Question 65

in trespass cases we may wwn tpeop to x their behaviour

Answer 65

stop

Question 66

when we wat peopel to stop behaviour what may we use

Answer 66

abatment or injunction

Question 67

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

Answer 67

true

Question 68

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

Answer 68

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

Question 69

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

Answer 69

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

Question 70

give example of ddefense against trespass

Answer 70

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

Question 71

what is a damge

Answer 71

quantified under negligence principles e.g. the amount the land had reduced value whilst interference was happening

Question 72

what is an injunction

Answer 72

court order requiring a person to stop committing a nuisance

Question 73

what is an abatement

Answer 73

allows claimant to remove the nuisance in an nuisance e,g trim overgangin branches nb: hand them back

Question 74

what is the cosequence for public nuisance

Answer 74

criminal prosecution

Question 75

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

Answer 75

unauthorised direct interference

Question 76

rule in rylands v fletcher 1868 aka

Answer 76

the strict liability rule

Question 77

what happened in the rule in rylands v fletcher

Answer 77

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

Question 78

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

Answer 78

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

Question 79

fault liabiilit and strict liablity

Question 80

ther eis what kind of liabilty on pollution in rivers

Answer 80

strict liability

Question 81

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

Answer 81

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

Question 82

what case do we use for strict liablity

Answer 82

alphacell v woodward

Question 83

what happened in alphacell v woodward

Answer 83

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

Question 84

what does alphacell v wood ward show + result

Answer 84

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