In cases of trespass, there are some defenses available to the defendant to justify the trespass. "Physical interference" is usually the taking or destroying of go… Consent can be given to you by both words and actions. [43] "Physical interference" is usually the taking or destroying of goods, but can be as minor as touching or moving them in the right circumstances. As the female police officer had gone beyond her duties in grabbing the woman (since she did not intend to charge her with an offence, but was still using force) it was held that this constituted "force". [47], It is unknown what mental element is expected in cases of trespass to goods; while trespass to the person requires intent, the requirements for trespass to goods have never been tested in court. This is not the case if the physical contact went beyond what could be expected, as in R v Billinghurst,[33] or where the injuries were suffered not from the claimant's participation in the sport but inadequate safety measures taken, as in Watson v British Boxing Board of Control. [59] "Interference" covers any physical entry to land, as well as the abuse of a right of entry. [42], Trespass to goods is defined as "wrongful physical interference with goods that are in the possession of another". [46] "Possession" has the standard legal meaning, referring to the claimant's right to use, control or deal with the item. In R v Costanza, the courts held that threats made by a stalker could be assault, while in R v Ireland,[10] the House of Lords said that in the right situation (specifically, harassing phone calls) silence could be enough. [24] The requirement is complete restraint; in Bird v Jones,[25] the defendant fenced off part of a footpath for use as a viewing point for a boat race. This must be both direct and physical, with indirect interference instead being covered by negligence or nuisance. Torts (BLB1115) Academic year. In Tuberville v Savage,[11] the defendant reached for his sword and told the claimant that "if it were not [court] time, I would not take such language from you"; it was held that despite the threatening gesture, this meant the claimant was not in immediate danger. Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods and trespass to land. As with assault, there is no need to show that damage was caused. In F v West Berkshire Health Authority,[38] it was held that in such situations the requirements are that there "must be a necessity to act when it is not practical to communicate with the assisted person ... [and] the action taken must be such as a reasonable person would in all the circumstances take, acting in the best interests of the assisted person". [2] Any application of physical contact, regardless of harm caused, can constitute force. Consent 5. [32], A commonly used defence for the torts of trespass against the person is that of volenti non fit injuria, or consent. One common defense that can be used if you were sued for trespass is that you were given consent by the owner of the land or property. As a result, the claimant suffered a nervous disorder and was thought to be suicidal for a time. Goff LJ wrote that the fundamental principle is that any person's body is inviolate, except in situations where the bodily contact "[falls] within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of daily life". University. The goods must be in the possession of the other parties They need not be the owner as in the case of land.

[58], The main element of the tort is "interference". [60] For the purposes of trespass, the person who owns the land on which a road rests is treated as the owner; it is not, however, a trespass to use that road if public. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked";[1] battery, "the intentional and direct application of force to another person";[2] and false imprisonment, "depriving the claimant of freedom of movement, without a lawful justification for doing so". Trespass to goods is defined as "wrongful physical interference with goods that are in the possession of another",[5] and is covered not only by the common law, but also by the Torts (Interference with Goods) Act 1977.

Illegality 3. Criminal Justice and Public Order Act 1994, intentional infliction of emotional distress, Serious Organised Crime and Police Act 2005, Austin and another v Metropolitan Police Commissioner, AB & Ors v Leeds Teaching Hospital NHS Trust, Kuwait Airways Corporation v Iraqi Airways Co (No 5), Bernstein of Leigh v Skyviews & General Ltd, Esso Petroleum Co v Southport Corporation,,, Creative Commons Attribution-ShareAlike License, This page was last edited on 3 March 2020, at 23:54. [55] An overhanging crane can constitute trespass, as in Woolerton v Costain,[56] as can an advertising sign, as in Kelsen v Imperial Tobacco Co.[57] Possession does not necessarily mean the ownership of land, but the right to eject or exclude others from it. Objectives for this section: To appreciate and be able to apply the rules relating to battery, assault, false imprisonment, indirect trespass and harassment. [3], Imprisonment is considered any restraint on the freedom of movement, for however short a time. [a] The final element occasionally added to the tort is the hostility of the action; in Wilson v Pringle,[17] it was decided that the onus is on the claimant to show that the force was hostile, except in such situations where it is self-evident. [53] Although previously a pure tort, the Criminal Justice and Public Order Act 1994 created some circumstances in which trespass to land can also be a crime.

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