Management and Organizational Studies 2275A/B Lecture Notes - Lecture 12: False Imprisonment
8 Mar 2016
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Document Summary
Occupier someone who has some degree of control over the land or building on that land. Has three main torts: occupiers" liability, nuisance, trespass. Occupier are liable to anyone who enter their land or property. Liability under occupiers" liability legislation: main goal is to simplify the common law. An activity of an occupier that interferes with the neighbour"s right to enjoy their property: ex. Noise from a steel factory interrupts the neighbour"s sleep. Nuisance is not present if intrusion is temporary. Courts consider trade-offs in interest: ex. If it is for public good or it is reasonable, then action in nuisance will fail. Wrongful interference with someone"s possession of land. False imprisonment: threat or actual physical contact, detaining a person without lawful justification. Passing-off: detaining a person is only legal if: There is reasonable ground to detain the person. Goodwill or reputation is attached to the product.
