Shared Flashcard Set

Details

Trespass: Person and Land
Cases
8
Law
Undergraduate 1
05/21/2013

Additional Law Flashcards

 


 

Cards

Term
To Land: elements
Definition
|Direct interference
|Stone v Smith - pushed onto C's land (voluntary)
|Conway v George Wimpey - intention of act but can be unaware of land rights
|Actionable per se
Term
Land: Princples
Definition
Bocardo SA - right to subsoil
Bernstein v Skyviews - right to airspace but only for use and enjoyment
AG Securities v Vaughan - guests/lodgers not exclusive possessors
|ab inito
Term
Battery
Definition
Wainwright v Home Office - AR = interference with physical person
Letang v Cooper - drove over foot, INTENTION
Wilson v Pringle - intention of act not harm
Ashley v CC of Sussex - actionable per se, reasonable not honest
Collins v Wilcock - Consent: ‘contrary to acceptable standards of conduct’.
Term
Direct application of force
Definition
Scott v Shepherd - squib thrown
Livingstone - soldier shot transfer malice
Term
Assault - reasonable fear
Definition
Thomas v NU Mineworkers - attack possible and believe it will happen
Term
Defences
Definition
Police and Criminal Evidence Act 84, Mental Health Act 83
A v UK - degrading if child doesn't understand
F v West Berkshire - necessity sterilizing mental
Term
False Imprisonment
Definition
Bird v Jones - total loss of freedom
Murray v MOD - C need not know
Robinson v Balmain - reasonable
condition
Iqbal – only by positive act, not omission
Term
Harassment and indirect
Definition
Wilkinson v Downton - calculated to harm, nervous shock
Wong - actual harm
s3 PFHA 97 - pursuit amounts to harrassment
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