Trespass

1. Trespass Monday 1 August 2011

2. 3 categories of Trespass • Trespass to the person • Trespass to land • Trespass to goods (things)

4. Trespass to the person • Protects an individual’s right to freedom and safety

5. 3 main categories of Trespass to the Person • Assault • Battery • False imprisonment

6. 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’

7. 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

9. 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

10. 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’)

12. Elements • 1. Defendant made direct contact with the plaintiff’s body • 2. Defendant intended to make contact • 3. Defendant acted voluntarily

13. Defences to assault and battery • Incapacity • Self-defence • Necessity • Consent • Other (accident, etc)

14. False Imprisonment • False imprisonment is to illegally detain someone

15. Examples • Being locked up • Being marooned in a way that is difficult or dangerous to escape • Excludes lawful arrest or detention by police

17. 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

18. Nuisance

19. 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

20. Public Nuisance • Dealt with under criminal law as well • Includes situations that pose a danger to the public

22. Private Nuisance • The interference with our right to enjoy our land

23. 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

24. Defences • Interference is not serious • Plaintiff is extremely sensitive

25. Round 1 • Name the elements of assault

26. Round 2 • Name the elements of battery

27. Round 3 • Name the defences to assault and battery

28. Round 4 • Name the elements of private nuisance

29. Round 5 • Name the elements of negligence