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Tutorial 3 Civil Law (AS)

This document contains a tutorial on intentional torts, specifically trespass to person, land, and goods. It includes short answer questions defining the key elements of each tort, an essay question requiring description of trespass to goods, and a case law question analyzing Gregory v Piper. The case involved rubbish from the defendant's land being blown by wind onto the plaintiff's land, with the court finding the defendant liable for trespass due to failing to prevent the foreseeable entry onto the plaintiff's property.

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Anis Razwan
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48 views2 pages

Tutorial 3 Civil Law (AS)

This document contains a tutorial on intentional torts, specifically trespass to person, land, and goods. It includes short answer questions defining the key elements of each tort, an essay question requiring description of trespass to goods, and a case law question analyzing Gregory v Piper. The case involved rubbish from the defendant's land being blown by wind onto the plaintiff's land, with the court finding the defendant liable for trespass due to failing to prevent the foreseeable entry onto the plaintiff's property.

Uploaded by

Anis Razwan
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Subject: INTRODUCTION TO CIVIL LAW

Batch : DEC 18/19

TUTORIAL 3
INTENTIONAL TORTS

Short Answer Question


1. Describe three main forms of trespass to a person (3m)
a) Assault
b) Battery
c) False imprisonment

2. Describe how trespass to land can occur(2m)


 Trespass to land can occur when there is unreasonable interference with another’s
possession of land

3. Describe the elements of trespass to land? (2m)


 Mental state of defendant
 Interference

4. Describe the factors of interference of trespass to land? (3m)


 Df enter land that is in possession of plf
 Having entered, the trespasser/ df remain on the land
 The trespasser placed any object on that land

5. Describe trespass to goods (2m)


 Trespass to goods is wrongful & direct interference with goods that are in possession
of another

6. Describe the elements of trespass to goods (2m)


 Mental state of defendant
 Interference with goods

7. Describe who may claim under trespass to goods? (2m)


 The right to claim lies in the hands of the person who has possession.
Subject: INTRODUCTION TO CIVIL LAW
Batch : DEC 18/19

Essay Question
8. Describe how trespass to goods, the elements and give 2 examples? (5m)
 Definition - wrongful & direct interference with goods that are in possession of
another
 Elements:
o Mental state of defendant - Df must be proven to have had the
intention to deal with the goods
o Interference - Interference must be through direct act of df which
causes immediate contact with plf’s good or property . Interference
must also be voluntary
 Example : Ali drive a car belongs to someone else voluntarily
 Example 2: Move a phone of another person voluntarily

Case Law
9. In the case of Gregory v Piper
a) Describe the fact of the case(2m)
 Rubbish belongs to defendant had been placed near Plaintiffs land. The rubbish
unfortunately had rolled onto the land because of the wind.

b) Identify the parties of the case.(2m)


 Gregory is the plaintiff- the one who sue
 Piper is the defendant – the one being sued

c) Analyse the judgment in that case. (3m)


 Court held that Defendant is liable for trespass because the entry of the
rubbish into Plaintiff’s land was probable and foreseeable. Defendant should
do something in order to avoid it from being happen.
 But, Defendant in this case failed and do nothing making him liable for
trespass to land

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