BLAW10001 Lecture Notes - Lecture 10: Tort Law In Australia, Implied Consent, Nuisance
Document Summary
In contract law, legally binding obligations between people can arise by agreement. How general is the liability for wrongful conduct that causes harm: concept of imposing liability to compensate victim for wrongful harm can be very broad. Trespass to land or chattels protection of owners and occupiers of property against. Protection against wrongful conduct in form of trespass to person wrongful interference with land or chattels. Protection of right of quiet and peaceful enjoyment of property. Protection against harm caused by another pe(cid:396)so(cid:374)(cid:859)s dangerous property. Protection against harm caused by many different kinds of careless conduct, in a wide variety of situations. Trespass to land: to(cid:396)t of t(cid:396)espass to la(cid:374)d p(cid:396)ote(cid:272)ts pe(cid:396)so(cid:374)(cid:859)s i(cid:374)te(cid:396)ests i(cid:374) (cid:396)eal p(cid:396)ope(cid:396)t(cid:455) agai(cid:374)st ph(cid:455)si(cid:272)al intrusion by another person. Includes: land, structures built on land, things attached to soil, air space above land (to reasonable extent, earth below surface (subject to mineral rights, available to property owners and person in lawful possession of that property (eg. tenant)