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Trespass

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by

Ciara Hackett

on 4 March 2015

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Transcript of Trespass

Trespass
Trespass =
"deliberate interference with
the rights of another"
Person, Chattels and Land
Trespass is the direct result of a voluntary
act which is intentional or negligent
Direct v Indirect Impact?
Burden of Proof
Voluntary Act
Letang v Cooper [1964]
Scott v Shepherd (1773)
Intention
Transferred intent?
Assault
"an act that places another person
in reasonable apprehension of an immediate
battery being committed upon him"
WORDS?
Tuberville v Savage (1669)
R v Ireland [1998]
Protection from Harrassment (NI) Order 1997
Summary: Thomas v National Union of Mineworkers (South Wales Area) [1986]
Infliction of Emotional Suffering
Wilkinson v Downtown [1897]
Powell v Boldaz [1998]
"First, that the making of a statement known to be
false with the intention that it should be believed and with the intention of causing injury, which in fact results, is actionable"
Today? Breslin & Ors v McKenna & Ors [2009]
Battery
"Direct application of physical contact upon the person of another, without his or her consent, express or implied"
Cole v Turner [1704]
Collins v Willcox [1984]
Consent?
Capacity to consent?
F v West Berkshire Health Authority [1990]

US
Wilson v Pringle [1987]
You are the lawyer...the action?
Disclaimer:
**This clip contains
some rude language
False Imprisonment
Iqbal v Prison Officers Association [2010]
"The unlawful and total restraint of the personal liberty of another against his will"
Philips v GN Ry Co Ltd [1903]
Louis v Commonwealth [1986]
ARTICLE 5 ECHR
Austin v Metropolitan Police Commissioner
Lumba v Secretary of State for the Home Department [2011]
Trespass to Chattels
Trespass to chattels, requires ‘deliberate use or otherwise interference with a chattel in the possession of another without lawful authority.’
SPAM?
Thrifty-Tel Inc. v Bezenek 46 Cal. App. 4th 1559.
CompuServe Inc. v Cyber Promotions Inc. 962 F.Supp. 1015 (D.D. Ohio)(1997).
Full transcript