Trespass to the person
This tort arises when someone is put in reasonable apprehension of immediate battery
Assault
What is the definition of trespass to land?
Arises where someone intentionally enters, remains on or
causes anything to be placed onto, land in the possession of another, without
lawful justification
What is a chattel?
an object that can be moved or otherwise interfered with
Generally speaking, when using force to defend a person or property that force must be reasonable. True or false?
True
What is the case that established modern negligence principles,involving a snail?
Donoghue v Stevenson 1932
What happened in Austin v Commissioner of Police Metro 2009?
Police kettling case, defence of necessity
If you exceed authority to be on land can you become a trespasser from
the moment you entered?
Yes, it is trespass ab initio
Which case involves goods on a train that were rightfully detained from the owner by the possessor?
Keenan Bros Ltd v CIE 1963
This arises where both parties are partially at fault in a case
Contributory negligence
Name one of the steps in the 3-step test to determine if a duty of care is owed
Proximity and foreseeability
Policy considerations
Fair, just and reasonable to impose a duty of care
What may happen if you fail to bring an action before the court in under one month from the DOK, according to the Civil Liability (Miscellaneous Provisions) Act 2011?
the court penalising you in relation to costs
The slightest entry without lawful justification will amount to a trespass. What case is legal authority for this?
Whelan v Madigan 1978. Landlord pounding door was judged to be trespass to land
What case is the leading Irish authority on chattels found on land, that were unknown to the land owner?
Webb v Ireland 1988
This defence arises in a situation of urgent and immediate peril
Necessity
This test determines whether the defendant's conduct actually caused the plaintiff's injury
But-for test