Trespass- GENERAL

Harm that is directly caused by the action of the defendant (must be DIRECT)

Elements: (2.1)
Intentional/ Negligent Act Direct Interference o Were there any other events that needed to happen between what the defendant did and the harm the plaintiff suffered? -> If NOT its direct, If SO may be indirect Hutchins v Maughan [1947] VLR 131, LH6 [11.2.2C] Absence of Lawful Justification

Actionable per-se: (2.2)

Trespass is actionable per se, without proof of actual harm

Burdon of proof: (2.3)

Is on D once a prima face case of crossing the boundary is made out

Trespass- TO THE PERSON (2.6) Assault: (2.11)

The intentional or negligent act or threat of D which directly places P in reasonable apprehension of an imminent physical interference with his/her person or of someone under his/her control.

Elements:
There must be a DIRECT threat o Hall v Fonceca (Threat by P who shook hand in front of Ds face in an argument) o Rozsa v Samuels ( threat to cut P into bits) In general, mere words are not actionable o Barton v Armstrong In general, conditional threats are not actionable o Tuberville v Savage o Police v Greaves o Rozsa v Samuels The apprehension must be reasonable; the test is objective The interference must be imminent Police v Greaves o o Rozsa v Samuels Barton v Armstrong

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Hall v Fonceca Zanker v Vartzokas (P jumps out of a moving van to escape from Ds unwanted lift)

Trespass- TO THE PERSON Battery (2.7)

Elements:

Trespass- TO THE PERSON False Imprisonment: (2.17)

The intentional or negligent act of D which directly causes the total restraint of P and thereby confines him/her to a delimited area without lawful justification

Elements:
It requires all the basic elements of trespass: o Intentional/negligent act (2.23) o Directness (2.21) o absence of lawful justification/consent (2.23) o ESSENTIAL ELEMENT: total restraint (2.17) BUT RESTRAINT: The restraint must be total Bird v Jones (passage over bridge) The Balmain New Ferry Co v Robertson Total restraint implies the absence of a reasonable means of escape Burton v Davies (D refuses to allow P out of car) Restraint may be total where D subjects P to his/her authority with no option to leave Symes v Mahon (police officer arrests P by mistake) Myer Stores v Soo

Defences
Exception to the rule: Reasonable punishment fo children Lawful arrest Self-Defence or prevention of crime The extingencies of life

Trespass- TO THE PERSON Nervous Shock/Emotional Distress

Elements:

Trespass- TO LAND
Elements:

Trespass- TO GOODS Conversion

Elements:

Trespass- TO GOODS Detinue

Elements: