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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.

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Trespass

Trespass

Monday 1 August 2011


3 categories of trespass
3 categories of Trespass

  • Trespass to the person

  • Trespass to land

  • Trespass to goods (things)


Trespass to the person
Trespass to the person

  • Protects an individual’s right to freedom and safety


3 main categories of trespass to the person
3 main categories of Trespass to the Person

  • Assault

  • Battery

  • False imprisonment


Assault
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
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
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

  • 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’)


Elements1
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
Defences to assault and battery

  • Incapacity

  • Self-defence

  • Necessity

  • Consent

  • Other (accident, etc)


False imprisonment
False Imprisonment

  • False imprisonment is to illegally detain someone


Examples
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
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



Definition
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
Public Nuisance

  • Dealt with under criminal law as well

  • Includes situations that pose a danger to the public


Private nuisance
Private Nuisance

  • The interference with our right to enjoy our land


Elements2
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
Defences

  • Interference is not serious

  • Plaintiff is extremely sensitive


Round 1
Round 1

  • Name the elements of assault


Round 2
Round 2

  • Name the elements of battery


Round 3
Round 3

  • Name the defences to assault and battery


Round 4
Round 4

  • Name the elements of private nuisance


Round 5
Round 5

  • Name the elements of negligence