Torts trespass notes and cases 2

Table of Contents

• Trespass Overview and Elements

  1. Battery (page 10)

  2. Assault (page 10)

  3. False Imprisonment (page 15)

  4. Trespass to Land (page 20)

  5. Defences (page 26)

Trespass: Introduction and Overview

• Definition: Trespass involves direct and intentional interference with a person’s body, land, or goods.

• Key Torts Include:

  • Battery: Unlawful physical contact.

  • Assault: Action inducing apprehension of imminent harmful or offensive contact.

  • False Imprisonment: Unlawful confinement against a person's will.

• Regulatory Framework: Trespass regulates interactions among individuals and with public officials, enhancing personal liberty.

Key Themes in Chapters 12-14

• Law and Social Change: Trespass law protects bodily integrity and property possession, requiring a balance of individual rights and policy interests.

• Adaptability: Assessing how trespass laws can adapt to social changes, particularly public official interference in personal spaces.

• Civil Liberties: Trespass law's role in protecting against unjustified official actions, particularly relevant in systems lacking formal rights legislation.

Historical Context of Trespass

• Development of Tort Law: Early common law focused on procedural adherence; litigants pursued particular writs such as trespass to combat direct wrongs.

Characteristics of Trespass

• Directness: Trespass must result directly from the defendant's actions (e.g., battery, unauthorized entry, theft).

• Actionable Without Damage: Unlike negligence, trespass can be claimed without proving damages, reinforcing its role in peacekeeping.

  • Courts can award nominal damages for indirect injuries like emotional distress due to unwanted contact.

Legal Implications of Trespass

• Case Law: Various precedents show legal action can occur even without substantial harm focusing on individuals' rights and dignities.

• Negligence Interaction: Historically seen as separate, modern interpretations recognize overlaps between negligence and trespass.

Legal Framework of Trespass to Land

Definition and Principle

• Trespass to Land: Involves intentionally entering or remaining on land owned by another without consent.

• Legal Principle: Actionable without proving substantial damage (Entick v Carrington, 1765).

Functions of Trespass Law

• Protects exclusive possession rights.

• Offers remedies against privacy violations due to unauthorized intrusions.

• Encourages accountability against unlawful entries by authorities.

Legal Cases Affecting Trespass

• Semayne’s Case (1604): Reinforces the home as a sanctuary against violence.

• Halliday v Nevill (1984): Discusses individual privacy against law enforcement authority.

• Kuru v NSW (2008): Examines police actions and statutory authority regarding trespass.

Types of Trespass

**Defendant's Conduct Types

• Direct Trespass: Unauthorised land entry (e.g., waste dumping, unpermitted parking).

• Continuing Trespass: Remaining after unauthorised entry until departure.

• Licenses and Trespass: Revocation of licenses turns licensees into trespassers if they fail to leave promptly (Cowell v Rosehill Racecourse, 1937).

Plaintiff's Interest in Land

Rights of Possession

• Exclusive Possession: Tenants can sue for trespass, landlords cannot during tenancy.

• Interests Beyond Ownership: Grantees (like easements) can sue for interference (Concrete Constructions v Builders Labourers' Federation, 1988).

Adverse Possession

• Possessors without title can sue trespassers; cases illustrate rights based on actual possession (Newington v Windeyer, 1985).

Damages and Remedies for Trespass

**Legal Standards for Trespass Damages

• Compensatory measures for actual damage and nominal damages for minor trespass.

• Injunctions to prevent ongoing trespasses balanced against reasonable compensation.

Self-Help and Property Rights

• Ejecting trespassers can use reasonable force, yet legal proceedings are preferred.

• Encroachment issues illustrate the balance between commercial use and property rights.

Trespass Overview: Legal Protection of Interests

Objectives of the Law

• Protects personal interests and regulates interactions to maintain order and fairness in societal conduct.

• Prevents disputes and provides remedies for harms or interferences.

Core Concepts

• Directness in Trespass: Required for actionable trespass means interference must result directly from actions, affirming individual rights.

• Voluntariness and Intention: Laws focus on actions rather than motives, simplifying liabilities by linking them to direct actions of interference.

Notable Cases Illustrating Trespass Principles

Battery Cases

• Collins v Wilcock (1984): Casual touches can constitute battery if unauthorized.

• Rixon v Star City Pty Ltd (2001): Examines casino regulation implications on lawful detainment versus trespass claims.

Assault and Interaction Cases

• Scott v Shepherd (1773): Modifies liability perception concerning initiated harm through third parties.

• Morriss v Marsden (1952): Discusses intent and negligence interplay in trespass claims.

Conclusion

• Ongoing dialogues stress examining trespass laws against evolving social standards and interests with a focus on individual rights and legislative balance.

• Calls for refining definitions of trespass as understood under contemporary expectations and legal powers.