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How to Answer a Question on Trespass

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Very comprehensive on how to answer a question on trespass to land - scaffold format - covers all relevant case law.

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2 Pages Partial Study Notes > 2 Years old
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How to Answer a Question on Trespass
Topics this document covers:
Tort law Trespass Damages Tort Negligence Trespass in English law Rylands v Fletcher
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Tort law Trespass Damages Tort Negligence Trespass in English law Rylands v Fletcher
Sample Text:
1. Title to Sue: who can sue a. Must have exclusive possession, no need for legal title to the land (Newington v Windeyer) 2. Trespass to Land a. Consider the requisite elements of the tort; i. Voluntary act by the D (Public Transport Commission of NSW v Perry) ii. Causing direct (compare Gregory v Piper with Southport Corp v Esso Petroleum) iii. Interference with the D’s land iv. Through fault, intention or negligence v. Actionable per se (without proof of damage) (Dumont v Miller) b. Consider possible defences: i. Express license ii. Implied license (Halliday v Nevill) 1. ... unless some contrary imposition e.g. a sign. ...
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