LAWS11060 Study Guide - Final Guide: Aust, Implied Consent, All England Law Reports
Document Summary
*directness: hutchins v maughan (1947) vlr 131. P brought sheep and dogs onto d"s land dogs ate baits and died. Held: courts held trespass did not exist as the act of laying baits was not direct. Action on the case" (e. g. negligence) occurs where damage exists and is consequential on d"s acts/omissions. *intention (and negligence: trespass generally requires intent [although negligence and recklessness may also apply in australia], but whether or not the intent is bad, is irrelevant, intent vs. Motive there does not need to be ill" intent. (e. g. medical practitioner acting with good will but without consent of patient will constitute a battery: intent vs. A takes b"s hand and hits c. a has committed a batter as they have the intent. P imprisoned beyond completion of a sentence due to miscalculation of release date. Prison authority has committed false imprisonment as they intend to imprison. *onus of proof: mchale v watson (1964) 111 clr 384.
