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Law Notes Intentional Torts Notes

Intentional Torts Notes

Updated Intentional Torts Notes

Intentional Torts Notes

Intentional Torts

Approximately 320 pages

Intentional Torts deal with trespasses to person, land and goods, as well as privacy. They cover aspects such as assault, battery, conversion and detinue. These notes do not include negligence....

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Limitation of Actions ..................................................................................................................... 2 Trespass to the Person Battery .................. .............................................................................................................. 4 Assault ............................. ................................................................................................ 20 False Imprisonment ........................................................................................................ 28 Action on the Case ... ........................................................................................................ 39 Trespass to Land .................................................................................................................... 43 Trespass to Goods Trespass to Goods .......... ................................................................................................ 58 Detinue . ........................................................................................................................... 64 Conversion ....................................................................................................................... 70 Nuisance Private Nuisance .............................................................................................................. 80 Public Nuisance ................................................................................................................ 80 Defamation ............................................................................................................................. 95 Defences ..... ................................................................................................................... 105 Remedies......................................................................................................................... 118 Privacy .................................................................................................................................. 125 Passing Off ............................................................................................................................ 152 LIMITATION OF ACTIONS Statues of Limitation prescribe a specified period within which proceedings for torts claims must commence. Limitation of Actions Act 1974 (Qld) * S11, Actions for Personal Injuries o For personal injury actions, action cannot be initiated after 3 years from the date upon which the cause of action arose * S10, Actions of contract and tort and certain other actions o 6 years SS? trespass to land and property * s10AA, Actions for Defamation o an action on a cause of action for defamation muct not be brought after the end of 1 year from the date of the publication of the matter complained of * s23A Actions for Defamation o (1) A person claiming to have a cause of action for defamation may apply to the court for an order extending the limitation period for the cause of action. o (2) A court must, if satisfied that it was not reasonable in the circumstances for the plaintiff to have commenced an action in relation to the matter complained of within 1 year from the date of the publication, extend the limitation period mentioned in section 10AA to a period of up to 3 years from the date of the publication. o (3) A court may not order the extension of the limitation period for a cause of action for defamation other than in the circumstances specified in subsection (2). o (4) An order for the extension of a limitation period, and an application for an order for the extension of a limitation period, may be made under this section even though the limitation period has already ended. 2 | INTENTIONAL TORTS TRESPASS TO THE PERSON INTENTIONAL TORTS | 3 TRESPASS TO PERSON * * * * Action must be direct and intentional Represented by: o Battery SS? Protects the physical body of a person o Assault SS? Protects the mental well--being of a person o False imprisonment SS? Protects a persons liberty Action in negligent trespass Innominate tort of action on the case Differences between a Tort and a Crime: Torts are about compensation, criminal law is about punishment * Crimes are usually brought by the state, torts have a plaintiff and defendant * Tort is a civil/private wrong, while criminal matters are concerns of the public/community * Standard of proof in torts is on a balance of probabilities o Standard of proof is easier in torts, meaning convictions under criminal law can mean successful civil claims 4 | INTENTIONAL TORTS TRESPASS TO THE PERSON: BATTERY INTENTIONAL TORTS | 5 BATTERY A battery is a direct act by the defendant causing bodily contact with the plaintiff without their consent - Marion's Case * * * Direct interference with a body o Doesn't matter how severe it is - if contact occurs, it is a battery o Anger is not a factor SS? Cole v Turner Battery and assault are closely related and will often arise on the same facts o Can have one without the other SS? If someone is hit from behind, or hit while sleeping * Battery without assault * Action without threat SS? If someone shakes their fists at someone else but does not hit them, or someone points a gun at someone but does not shoot them * Assault without battery * Threat without action To establish a battery, it must be shown that o A direct act of the defendant made or had the effect of causing contact with the body of another o The direct act was intentional or reckless Answering a battery hypothetical: 1. Definition of battery, with authority 2. Is the act direct, resulting in contact with another? a. Does the plaintiff need knowledge of the contact? 3. Is the act or conduct intentional? 4. Is the act positive, as opposed to passive? 5. Is the act voluntary? 6. Is there a defence to the contact? a. Is there consent? b. Is there a lawful excuse? 6 | INTENTIONAL TORTS WAS THE ACT DIRECT, RESULTING IN CONTACT WITH ANOTHER? * * * There must be bodily contact with the plaintiff o Hostility is not required in Australia The interference of the plaintiff must be as a direct, not a consequential result of the action of the defendant The plaintiff has to show that the contact was direct and intentional o The defendant attempts to show a lack of fault SS? McHale v Watson o The defendant also has to prove the defences Direct v Indirect/Consequential Contact * An injury is direct when it follows so immediately upon the act of the defendant that it may be termed as part of the act * It is consequential if by reason of some other obvious and intervening cause it is regarded as not part of the defendant's act, but rather as a consequence of it o Consequential acts are not battery Scott v Shepherd * Shepherd threw a lighted 'squib' made of gunpowder into the market stall of Yates * Willis, who was close by and to protect himself, picked it up and threw it onto the stall of Ryal. * Ryal, to save his goods, picked it up and threw it. * The squib struck Scott in the face and blinded him in one eye Shepherd a? Willis a? Ryal a? Scott * HELD: Majority found there was a battery for the plaintiff o Defendant's act was unlawful (breach of eace and breach of statute o Willis and Ryal acted under compulsive necessity for their own safety, not as free agents o Therefore, their actions did not break the chain of directness * Blackstone J DISSENTING: injury was consequential and should be an action on the case * This case shows that contact does not need to involve D physically touching P but the act does INTENTIONAL TORTS | 7

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