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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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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 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
  • 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 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’)
  • 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
  • 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
  • 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
  • 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
  • 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