Trespass

Question 1

Was the tort of trespass developed by the courts or the govt?

Answer 1

Courts

Question 2

What are the three types of the tort of trespass?

Answer 2

1. person 2. property 3. goods

Question 3

What are the three elements of battery?

Answer 3

1. physical contact by d. 2. action was direct, intentional or negligent 3. lacking consent

Question 4

How many of the three elements must be present to prove battery?

Answer 4

2/3 but lack of consent must be present

Question 5

Is it necessary for the P to have suffered actual damage/loss to prove battery?

Answer 5

no - different from negligence

Question 6

What is false imprisonment?

Answer 6

When d. deliberately or negligently confines the plaintiff in such a way that there is no means of escape

Question 7

What must the imprisonment be in order to be false imprisonment?

Answer 7

Unlawful!

Question 8

Can the imprisonment occur without the use of physical barriers?

Answer 8

Yes

Question 9

What is the primary defence to trespass to the person?

Answer 9

Consent

Question 10

List 4 defences to trespass to the person

Answer 10

1. Incapacity 2. necessity 3. self defence 4. consent

Question 11

What must be proven to successfully apply the defence of self-defence?

Answer 11

The use of force was not unreasonable

Question 12

What is the defence of incapacity?

Answer 12

Covers peoples who were insane at the time the tort was committed

Question 13

What must be proven for the defence of incapacity?

Answer 13

That insanity caused them to not have control over their actions

Question 14

Give an example of where the defence of consent could be used

Answer 14

Sporting match

Question 15

List 3 other possible defences

Answer 15

1. Accidental 2. Parents are allowed to use reasonable force to discipline their children 3. lawful

Question 16

What does the P NOT have to prove in trespass to land

Answer 16

1. damage occurred 2. they owned the land

Question 17

What must P show to claim trespass to land

Answer 17

1. there was direct, unauthorised physical contact with the land 2. the land as exclusively possessed by the plaintiff

Question 18

What two areas are treated differently in a trespass to land case?

Answer 18

1. aeroplanes 2. minerals in the ground

Question 19

What are the defences to trespass to land?

Answer 19

1. consent 2. authorisation by legislation 3. involuntary (unconsciously carried onto the land) 4. p not entitled to exclusive possession of the land 5. the plaintiff did not have actual possession of the land 6. not intentional

Question 20

What is trespass to goods

Answer 20

D interferes with goods in the possession of the p

Question 21

When may an action for trespass to goods not succeed?

Answer 21

1. if the interference was indirect 2. if the interference was unintentional

Question 22

Do the goods have to have been damaged?

Answer 22

No :)

Question 23

What are three defences to trespass to goods?

Answer 23

1. interference was indirect 2. the p was not in possession of the goods at the time of the unlawful interference 3. interference was unintentional

Question 24

What must you prove to show a trespass to goods

Answer 24

1. that p was in possession of the goods at the time of the unlawful interference 2. the act as intentional 3. it was a direct act

Question 25

What is trespass to goods closely related to?

Answer 25

civil action called conversion: when a person has converted the property of another person for their own use and therefore deprives p the right to possession

Question 26

Give some examples of people who are exempt to the tort of trespass to land due to their job

Answer 26

1. meter readers 2. postal workers 3. fire fighters

Question 27

When does criminal trespass occur?

Answer 27

When person refuses to leave after a reasonable request has been made

Question 28

What are the three types of trespass to the person?

Answer 28

1. False Imprisonment 2. Battery 3. Assault