LAWS1003A Lecture Notes - Lecture 2: Contributory Negligence, False Imprisonment, Detection Dog
23 Jul 2018
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Document Summary
One of the oldest actions in common law) provides protection from the most basic wrongs- direct and intentional interference with the person through. Elements: there must be direct harm caused by the action of the defendant, actionable per se without proof. The burden of proof lies on the defendant to show that their action can be justified somehow, whereas the plaintiff"s burden is simply to show that there ahs been a voluntary crossing of a relevant boundary. It is necessary to show that that the act was voluntary, either intention or negligence as to the act constituting the trespass must be present. Refers to some wrongful or careless act done by the plaintiff, which has played some part in the harm suffered. Not available in an action for intentional trespass however, there are statements that the defence might be available in a case of trespass based on negligence.
