Torts Notes

35 Pages • Complete Study Notes • Year: Pre-2021

Intentional Torts Onus of proof - On the defendant o McHale v Watson - except in highway cases o Venning v Chin Trespass to Land Plaintiff must have - Actual exclusive physical possession o not necessarily title/ownership  [Newington v Windeyer] o Title alone not sufficient - To the exclusion of all others: o Contractual Licensee not possession  Georgeski v Owners Corporation - A positive voluntary (or negligent) act o Smith v Stone (1647) – carried on the plaintiffs land by force – therefore no trespass o Public Transport Commission of New South Wales v Perry (1977) – woman has epileptic fit and falls onto track – no trespass - involuntary - Which directly o Must be part of D’s act not merely a consequence of it  Southport Corp v Esso Petroleum Co Ltd • Oil released from a ship into a river sanctuary was carried by the tide into a person’s property – a consequence of the tide and no cause of action in trespass  Gregory v Piper • Rubbish left on the defendants land dried and rolled onto the plaintiffs land – this was determined to be trespass as there was an unbroken and natural chain of events – probable consequence and may have been deliberately used

This document is 25 Exchange Credits