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Trespass - Coggle Diagram
Trespass
Trespass to Land
elements of unlawful, direct interference with land in the possession of another
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if defendant exceeded the scope of the licence/permission that had been granted to enter premises, sufficient cause of action
intentional tort so the act of interference is evidence of intention, so no defence on defendant thinking the land is their own or defendant was lost
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Remedies for Trespasses
Damages
Though all trespasses are actionable per se, need to prove that plaintiff suffered some damage to their person, goods or land that they are claiming compensation for
Injunction
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an equitable remedy – actions that the court prescribes which will serve to resolve the breach or dispute
the trespass is continuing, or unlikely to be repeated and the court is unlikely to grant an injunction
Trespass to Goods
unlawful, direct touching or the application of force to the goods in the possession of another person
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Introduction
Protects the integrity of the person/body, of land and even of goods/one’s personal property;
Basis of law: no one has the right to interfere or without permission or consent, touch or mishandle in any way, another person’s body his land, or his possessions
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In Trespass Suits
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an action for trespass is actionable per se (the plaintiff need not prove that there was damage caused by the defendant’s action)
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Defences to Assault, Battery and False Imprisonment
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