Tort Law II

Kane Paul
Note by Kane Paul, updated more than 1 year ago
Kane Paul
Created by Kane Paul almost 8 years ago
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Description

Degree Law Study (Tort Law) Note on Tort Law II, created by Kane Paul on 10/13/2013.

Resource summary

Page 1

Private Nuisance defendant unlawfully interferes with his use or enjoyment of his land plaintiff complains of an 'invasion' of his land resulting from activities committed on defendants land usually smell or noise related becomes unlawful when it is unreasonable

Nuisance:      A tort entirely connected with land    - Private Nuisance   - Public Nuisance

Public Nuisance an interference with the rights of the public's use of the land particular individual can show a higher degree of loss than the rest of the public, individual can recover damages most common instance of PN is an unlawful obstruction with the public's right of passage along a highway e.g. Golf Club so close to road that balls swing into way of cars

Private Nuisance     4 Types interference with a right of way (blockage of a private right of way) Encroachment onto a neighbour's land (tree - Direct physical injury to a neighbour's land Interference with a neighbour's quiet enjoyment of land

What may be a nuisance in a residential area may bot be so in an industrial area

No defence to say "I did not create the nuisance"

No defence to show that the Plaintiff came to the nuisance

Trespass involves wrongful interference with the goods, person or land of another

Interference is of a direct physical nature

3 Types of trespass Trespass to goods - an unlawful interference with another's possession of goods Trespass to the person - any direct interference with a person in a physical manner Trespass to the land

Trespass to the person more significant before the ACC legislation e.g. Assault  Battery False imprisonment Harassment

Trespass to the land          can take various forms Personal entry onto land Remaining on land after earlier permission has been withdrawn Leaving objects on land

Features of trespass to land Area protected Plaintiffs Signs and Warnings Act of trespass may lead to criminal liability after a warning has been given

Defences of trespass to a land Defendant had permission by licence to enter there was a necessity exercise of lawful or statutory authority defendant going onto another's land in order to abate a nuisance in a reasonable manner

Defamation     The publication of a statement which: tends to lower a person in the estimation of right-thinking members of society brings a person into hatred, ridicule or contempt causes a person to be shunned or avoided

2 main forms of defamation Libel - Libel is defamation in a permanent or potentially permanent form e.g. Writing Slander - in transient form e.g. Speech

Plaintiff must prove matter was defamatory in law defamatory matter identified plaintiff directly statement published to at least one other person

Defences Truth Honest opinion Innocent dissemination Consent to publication Absolute privilege Qualified privilege

Remedies Damages Injunction Declaration A recommendation of correction

Nuisance

Trespass

Defamation

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