Trespass Flashcards
(27 cards)
What are the three main torts under trespass to the person?
Assault, Battery, and False Imprisonment.
What is assault in tort law?
Conduct that causes a person to apprehend immediate and unlawful personal violence.
What is battery in tort law?
The deliberate and unlawful application of force to another person.
What is false imprisonment?
Total restraint of a person’s freedom of movement without lawful justification.
What is intentional infliction of physical harm?
Deliberate actions intended to cause actual bodily harm or emotional distress.
Collins v. Wilcock (1984): Holding?
Unlawful touching by a police officer was battery; response treated as self-defence.
Wilson v. Pringle (1986): Holding?
Battery requires intentional and hostile contact beyond social norms.
R v. Brown: Significance?
Refined understanding of hostility and consent in causing physical harm.
Wilkinson v. Downton (1897): Facts and significance?
False information led to psychological and physical harm; established liability for intentional emotional distress.
What are the key elements of trespass to the person?
Intentionality, direct conduct, and some form of physicality.
What constitutes trespass to land?
Intentional entry, remaining on, or interfering with land without lawful justification.
Is trespass to land actionable without proof of damage?
Yes, it is actionable per se.
What rights do landowners have?
Exclusive possession of surface, limited airspace, and subsurface.
What is quiet enjoyment?
The right to peaceful use of property; breaches may include unlawful presence.
What is a license in land law?
Temporary permission to enter land; revocation makes continued presence trespass.
Robson v. Hallett (1967): Holding?
Officer became a trespasser when he stayed after license was revoked.
What is trespass to personal property?
Interference with movable goods without consent.
Manton v. Brocklebanks (1923): Holding?
Training a dog to steal golf balls constituted trespass to goods.
Kirk v. Gregory (1876): Holding?
Unauthorized relocation of jewelry was trespass to goods.
What is conversion?
Unlawfully taking or controlling property as one’s own.
What is wrongful withholding of goods?
Retaining goods without legal right unless a lien exists.
Franklin v. Jeffries (1985): Holding?
Entering outside agreed times was trespass despite holding a key.
Conway v. George Wimpey & Co. Ltd. (1951): Holding?
Mistaken belief of right to enter land does not excuse trespass.
Smith v. Stone (1647): Holding?
Involuntary entry not liable; the one who caused entry may be liable.
