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TRESPASS TO THE PERSON, GOODS AND LAND - Coggle Diagram

- - - - The claimant must believe that the threatened attack will be carried out
  - - - mistaken calculation by a prison governor -> extended detention of a prisoner beyond the scheduled release date = false imprisonment for the extra days
      - the claimant does not have to know that he was imprisoned in order to succeed in a claim
  - - - general defence
      - must be valid
    - - where the D can show that he used reasonable force to protect himself
      - The force used must be reasonable in proportion to the attack
    - - false imprisonment
- - - - Things or objects belonging to another found unlawfully may be seized and detained until the owner has paid compensation for the damage
- - - - physical object, including animals
      - NOT bodily organs or corpses
    - - taking or destroying goods
      - possession: right to use, control or deal with the item
    - - (i) Defence of person or property
      - (ii) consent
      - (iii) replevin
      - (iv) abandonment
      - (v) statutory authority
        
        there is a third party that has better right than the claimant / jus tertii
  - - - (i) Co-ownership
        
        the co-owner cannot sue the other co-owner, unless:
        
        in case of destroying the other owner's interest in the goods or purports to dispose of the goods which would give a good title to the entire propert
      - (ii) Statute
        
        4 situations
      - (iii) Jus Tertii/ replevin
    - - requiring no knowledge of the owner's rights over the property
      - good faith is not a defence to conversion, some exceptions in (ii) defences -> statue
    - - Damages
    - - must have actual possession or the immediate right to possess the property
      - ownership is not the critical factor: an owner who does not have possession or the immediate riht to possess may not sue