LLB152 Lecture 2: Introduction to Trespass and Trespass to Land
2 Aug 2018
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The log lies on the road a few days and pasty, a pedestrian, trips over it and breaks her arm: key differences: in s1 darren has thrown the log on purpose (deliberate), but in s2. 1029; 95 er 807, 817 (lord camden cj): no man can set his foot upon his neighbour"s close [land] without his leave. If he does, he is a trespasser, though he does no damage at all". An act of interference: for example: if the subject matter is the land, then you had to have entered the land (that itself is an act of interference) Interference suffered must be a direct result of the act: looking back to scenario 1: the plaintiff was bothered that they had tripped over the log (that is the interference) The act must be voluntary and intentional (more a defence- in. Australia, but in england it is still an element) In australia, the act being voluntary and negligent is enough.
