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

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

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

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 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’)

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 Incapacity Self-defence Necessity Consent Other (accident, etc)

False Imprisonment

False imprisonment is to illegally detain someone

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 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

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

Dealt with under criminal law as well Includes situations that pose a danger to

the public

Private Nuisance

The interference with our right to enjoy our land

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

Interference is not serious Plaintiff is extremely sensitive

Round 1

Name the elements of assault

Round 2

Name the elements of battery

Round 3

Name the defences to assault and battery

Round 4

Name the elements of private nuisance

Round 5

Name the elements of negligence