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Battery
Lagana Case
Beyond everyday life
Collins v Wilcock
Positive act
Innes v Wylie
Direct Contact
Reynolds v Clarke
Intentional Battery
Gray v Barr
Intentional Act does not need to injure plaintiff, as long as intent was there
Bunyan v Jordan
Consent
McNamara v Duncan
Consent - Capacity
Re F (Mental Patient Sterilisation)
Development stage recongised
Gilleck Case
Consent needs to be freely given
Sisters of Charity Case
Consent given must not be exceeded
Murray Case
Assault - D has the means of carrying out threat
Stephens v Myers
Imminent Contact
Zanker v Vartzokas
Apprehension reasonable (doesn't matter if fear felt)
Brady v Schatzel
False Imprisonment - Def. positively contributed to lack of liberty
Dickenson v Waters Ltd
Assault - Not necessary if the def. actually intended to carry through the threat
Hall v Fonceca
No reasonable venue of escape from imprisonment
Bird v Jones
Def. convinces pl. he has no means of escape/compens another to stay in a given place against will
Symes v Mahon
Does not need to be aware of loss of liberty to be false imprisonment
Murray v Ministry of Defence
Does not require physical constraint - could be total submission
Symes v Mahon
Defence to Trespass to Person - Mistake: No difference if mistake is one of fact or law
Basely v Clarkson
Self defence: reasonable appropriate force to prevent harm - reasonable to defend oneself
Bennett v Dopke
Self defence: Force used in doing so was reasonable
Fontin v Katapodis
Self defence - def continue use violence after danger
Symons Case
Defence of another - Reasonable to protect other person this way?
Saler Case
Amount of force reasonable at all times
Goss v Nicholas
Defence of One's Property
Norton v Hoare
Defence of one's property: Reasonable belief that force is essential to end trespass
Scott v Brown
Provocation - Statutory
Criminal Code Section 269
Provocation - Case Law
White v Connolly
Inevitable Accident
Public Transport Commission NSW v Perry
Citizen's Arrest Statutory
Criminal Code (Qld) 1899 Section 545
Occupier has right to land statutory
Property Law Act 1974 Section 180
Trespass to land protect ownership of land + privacy/security of owner
Emcorp Pty Ltd v ABC
Land includes airspace for ordinary use + structures on land
Delaney v T.P Smith Ltd
Trespass to land - Direct interference
Esso Petroleum Co Ltd v Southport Corporation
Cause foreign matter to come in contact with land = trespass
Beckwith v Shordike
Intrusion to airspace
Kelson v Imperial Tobacco Co Ltd
Transient intrusions
Graham Case
Lack of consent trespass - unjustifiable entry or interference
Halliday v Nevill
Remedies for trespass: Aggravated damages
Greig v Greig
Injunctions
Graham H Roberts Pty Ltd Case
Irreparable harm suffered if injunction refused
Lincoln Hunt Australia Pty Ltd v Willesee
Abatement by self help
Cowell v Rosehill Racecourse Co Ltd
Defence to trespass = necessity
Cope v Sharpe
Defence to trespass = retake wrongfully withheld chattels
Blades v Higgs
Defence to trespass = Eject from land on a person no longer right to remain there
McPhail Case
Defence to trespass = inevitable accident = no fault on the part of the defendant
Letang v Cooper
Defence to trespass = lawful authority: statute allows
Amstad v Brisbane City Council & Ward
Taking googs out of possession of another
Brewer v Drew
Moving goods out of possession of another
Kirk v Gregory
Damaging/Destroying goods
in marriage of Michiel's
Bringing one person into contact with the goods
Foulds Case
Directing a missile at the goods/causing goods to come into harmful contact
Hamps v Darby
Unauthorized use of goods
Penfolds Wine v Elliot
Trespass to Goods Direct: Locking a person's goods in the room once they've placed them i ntehre is not trespass to goods
Hutchins v Maughan
No trespass in the case of accidental contact where no damage is done
Wilson v Marshall
No liability for acciental trespass to good which is not negligent
Manton v Brocklebank
Trespass is intentional irrespective of whether the def. knew that the act was trespass
Colwill v Reeves
Plaintiff must be in possession of the good at the time of the unlawful interference
Penfold Wines v Elliot
Possession: Power of exercising physical control
Minnamurra Racing Services v Rogerson
I
Intention to exercise such control on one's own belief
Pollock v Wright
Bailee can sue in trespass
Peachey v Wing
Bailor with right to possession can sue in conversion or detinue but not in trespass
Penfold Wines v Elliot
Action on the case: Circumstances where violation of chattels not protected by trespass, conversion, detinue, or tort of negligence
Mears Case
Pl. must have possession of an immediate right to possession at the time of conversion
Gordon v Harper
Not a requirement that the def. intended to deny pl. rights in conversion
Finesky Holdings v Minister for Transport in WA
Licensee of good are bailees and may be able to sue in conversion
Northam v Bowden
Finder has greater right to chattel against later possessors
Armory v Delamirie-Chimney
Conversion: To steal or seize under legal process without justification
Joule Ltd v Poole
Move chattels to an unreasonable place with consequent risk of loss
Fouldes Case
Deprive pl. use of goods for however a short period of time
IANSA Case
Pl. hands over goods under duress
Grainger v Hill
Refusal to surrender goods upon lawful and reasonable demand
Eason v Newman
Intentional destruction of goods in possession of another
Prismex Technologies Pty Ltd v Keller Industries Pty Ltd
Person in actual possession entitled to recover full value of those goods
BBMB Finance Ltd v Eda Holdings Ltd
Precise sequence of events leading to pl. injury need not be foresseable
Chapman v Hearse
Unforeseeable: Person has not fallen within a reasonable sphere or risk and therefore no duty of care has arisen
Palsgraf v Long Island Railroad
DOC Employer to Employee
Edith Cowan University Case
DOC Occupier to Tenant
Thompson v Woolworths
DOC Motorist to other road users
Manley v Alexander
DOC Teacher to student
Hornberg v Horrobin
DOC Doctor to patient
Gold v Haringey Health Authority
Lord Atkin's Neighbour Principle!
THAT SNAIL DONOGHUE V STEVENSON
Ann's Two Step Approach
Clarke Case
Proximity
Jaensch v Coffey
Reasonable Person
Wyong Shire Council v Shirt
Reasonable Foreseeable (Breach of DOC) Case Law
Wyong Shire Council v Shirt
Reasonable Foreseeable Breach of DOC Statute
CLA Section 9 a b
Standard of care: Judged against the standard of a hypothetical reasonable person not against the conduct of others
CLA 9(1) c
Inexperience is not an excuse
Nettleship v Weston
People with special skill exempt from the rule of a reasonable person Statutory
CLA Section 22
Children not reasonable person
McHale v Watson
Probability of Harm Occurring
Bolton v Stone
Magnitude/Gravity of Risk
Paris v Stepney Borough Council
Burden of Precautions
Caledonian Colliers Ltd v Spiers
Social Utility of Defendants Conduct
Watt v Hertfordshire
Res Ipsa Loquitur
Scott v Londa and St Katherines Dock Co
Causation - Pl. onus to prove damages on balance of probabilities Case law
Fairchild v Glenhaven Funeral Services
Causation - Pl. has onus to prove damages on balance of probabilities Statute
CLA Section 12
Factual Causation Statute
CLA Section 11 12
But for Test case law
Barnett v Chelsea & Kensington Hospital Management Committee
But For Test Statute
Section 11 1 of CLA
Common sense test statute
Section 11(2) of CLA
Common Sense Test Case Law
March v Stramere
3rd party invervention
Chapman v Hearse
1st party intervention
Haber v Walker
Causation - Injury is relavently connected to breach of duty
Chappel v Hart
Reasonable Foreseeability Test
The Wagon Mount No 1
Type of Damage Test
Hughes v Lord Advocate
Egg shell skull rule
Dulieu v White & Sons
Volenti Non Fit Injuria - Risk accepted freely and voluntarily
McPherson v Whitfield
Mere perception of the existence of danger will not establish volenti: Pl. must have fully comprehended the extent of the risk
Chapman v Hearse
Contributory Negligence Case Law
Joslyn v Berryman
Contributory Negligence Statute
CLA Section 23 24
Plaintiff was careless for own safety
MacPherson v Whitfield
Contribution to injury: Plaintiff's negligence was the cause of injury
Froom v Butcher
Obvious Risk Statute
CLA Section 12 ~ 19
Exemplary Damage Statute
CLA Section 52
Punitive damages Statute
CLA Section 52
Pecuniary Loss Statute
Section 54-55 CLA
Pecuniary Loss Case Law
Wright v British Railways Board
Losses - special and general damages
Ilkiw v Samuels
Loss of amenity statute
Section 61 CLA
Loss of amenity case law
Teubner v Humble
Pain and suffering
Teubner v Humble
Loss of expectation of life
Skelton v Collins
Material fact of decisive nature needed to extend limitation
Randel v Brisbane City Council
Time starts at commencement of original tort even if subsequent acts doen to that chattel in cases of detinue or conversion
QLD v Stephenson
Limitations of Actions Statute
Limitation of Actions Act 1974 (Qld)
Author
wombatsky
ID
23776
Card Set
Torts Cases
Description
Torts
Updated
2010-06-16T15:29:45Z
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