LLB102 Chapter Notes - Chapter 4: Implied License, False Imprisonment
Document Summary
Defendant to prove they were not at fault. Reasonable belief i(cid:374) the defe(cid:374)da(cid:374)t"s a(cid:271)ility to (cid:272)arry out the threat (cid:894)e. g. toy gu(cid:374) (cid:271)ut plai(cid:374)tiff does (cid:374)ot k(cid:374)ow(cid:895) Actionable per se section and limitation period. Even if element does not satisfy, still state damages and remedies in case court interprets it differently. Interference, parties, cause of action, elements one at a time, conclusion, remedies and damages, time limitation. Implied license unless stated so people going on property for lawful reason. Reasonable use and enjoyment of the land trespass to land. False imprisonment: direct interference, total restraint with no reasonable means of escape. Fault of the defendant: voluntary and intentional. Was(cid:374)"t hurt, (cid:374)o(cid:373)i(cid:374)al da(cid:373)ages actionable per se. Onus of proof: plaintiff to prove interference, defendant prove they were not at fault. Exclusive possession, not ownership: newington v windmeyer, asher was renting, therefore title to sue, direct unauthorised and intentional interference with land.
