LAW1113 Lecture 4: Week 4 (Trespass to the land) - Torts Video Notes
4 Nov 2018
School
Department
Course
Professor
Document Summary
Week 4 - trespass to land and private nuisance. Video 1: outline and what is "land: trespass to land - a voluntary and positive act of the defendant that directly and intentionally or negligently interferes with the p"s exclusive possession of land, actionable per se. Goodman: by just leaving the rubbish on the roof there was a continuing trespass, was able to sue in trespass bc the rubbish was still there even though he wasn"t. The plaintiff"s interest: what sort of interest in the land must the plaintiff possess. Such a common one is a means of access. Video 5: defence - necessity: the defence of necessity can also be used as a defence against trespass to property, eg. To prevent a fire --> goes on neighbours land. Video 6: private nuisance - outline: private nuisance - an unreasonable interference with the plaintiff"s use and enjoyment of land, eg.
