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200006 - Fundamentals of Australian Law
1 Found helpful • 2 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: LAWS1201 - Foundations of Australian Law
Did the police have the implied licence to enter the Sunshine Caravan Park (the SCP) Reception? Are Constables Harry and Larry trespassers when arresting Archie, or did they have an implied licence to enter the SCP reception? There are four elements of trespass to land, which are: (1) Directly and (2) Intentionally enter or remain on (3) land in the possession of another (4) without the consent of the person in possession or other legal justification or excuse.1 The only element controversial in this trespass action is that whether the defendant (the constables) entered into the plaintiff (the SCP)’s land without the express or implied consent.
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