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Topic 7

Topic 7. Trespass to land test. Question 1. What is meant by ‘actionable per se’?. Answer 1. This means that there is no need for any damage to have occurred. Question 2. Which Act of Parliament prevents people who live in the flight path of an airport from claiming for trespass to land?.

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Topic 7

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  1. Topic 7 Trespass to land test

  2. Question 1 What is meant by ‘actionable per se’?

  3. Answer 1 This means that there is no need for any damage to have occurred.

  4. Question 2 Which Act of Parliament prevents people who live in the flight path of an airport from claiming for trespass to land?

  5. Answer 2 Civil Aviation Act 1982.

  6. Question 3 In which case was the defendant trespassing when he stood on the highway in order to spy on the claimant’s racehorses while they trained on nearby land?

  7. Answer 3 Hickman v Maisey (1900).

  8. Question 4 Who is classed as the possessor of the land?

  9. Answer 4 The possessor has immediate and exclusive possession of the land. This means that for the purposes of this tort, a tenant would be classed as the possessor, rather than the landlord. Use of the land does not make someone a possessor entitled to claim for trespass, e.g. a guest, lodger or spectator cannot make a claim.

  10. Question 5 What is ‘trespass ab initio’?

  11. Answer 5 If the defendant has a lawful right to be on the land (granted by common law or statute) but then becomes a trespasser by committing a wrongful act, this is known as trespass ab initio.

  12. Question 6 Explain the facts and the decision in the case of Six Carpenters (1610).

  13. Answer 6 The defendants went into an inn where they bought food and drink. They ordered more things but refused to pay. Their lawful right to be in the inn was followed by a wrongful act, which made them trespassers. However, the men were not liable because the wrongful act was in fact an omission (refusing to pay), which will not constitute a direct interference.

  14. Question 7 Which case established that an entry could be committed negligently?

  15. Answer 7 League Against Cruel Sports Ltd v Scott (1986): ‘The master will be liable for trespass if he intended to cause the hounds to enter such land or if by his failure to exercise proper control over them he causes them to enter such land.’

  16. Question 8 Does the defendant have to trespass on the land negligently or intentionally?

  17. Answer 8 No. It does not matter whether or not the defendant trespasses intentionally or negligently, as long as his or her entry is intentional or negligent.

  18. Question 9 What is the defence of ‘volenti’?

  19. Answer 9 The claimant gave his or her permission (consent) for the defendant to enter the land.

  20. Question 10 Which defence allows a person to trespass in an emergency?

  21. Answer 10 Necessity.

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