101913 Study Guide - Final Guide: National Coal Board, Victorian Railways, Myer
Document Summary
Direct interference - immediate result of defendants act. Trespass direct act must be intentional (defendants fault), actionable per se. Highway p must prove interference and fault. Non highway p must prove direct interference and defendant must. Action on case indirect no fault required, p must prove damage, onus on plaintiff. May be unbroken series of consequences (hillier v leitch) Definition - an act of the defendant which directly or indirectly causes some physical contact with the person of the plaintiff; and the defendant must be at fault. s245 criminal code. Elements: direct interference consent defendant at fault involuntary. Physical contact with plaintiff (carter v walker) plaintiff did not intend an. Need no be person to person (r v cotesworth) spitting. Cannot be passive (police blocking door is not battery) (innes v wylie) Implied (participate in sports) (mcnamara v duncan) Knowledge no required by the plaintiff (ran over an object at night, was a.
