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Trespass, AD+UI - Coggle Diagram
Trespass
Important elements
Unlawful
Direct
Intentional
Need not intend to trespass or even know of possibility of trespass
Interference
Exception: animals trespass due to your negligence
Can be transferred
Actionable per se
Types of trespass
To person
Assault
reasonably apprehend an immediate battery
False imprisonment
constraint of the claimant's freedom of movement from a particular place
awareness of constraint not necessary
Battery
Application of force to person
Includes their clothes / objects in possession
DEFENCES
Consent
cannot consent to serious harm
Necessity
Self-defence
To goods
Interference with possession
Conversion: serious interference
D did not know the jewellery she lawfully bought was stolen - still conversion
To land
Interference with the claimant's (EXCLUSIVE, RIGHT to) possession of land
Exception: Necessity to preserve life or property
Remedies
Damages
Injunction
Self help
Cant use or threaten violence
AD+UI