Law of Torts II CASES – Trespass to the Person (Lecture 3)

Law of Torts II CASES – Trespass to the Person (Lecture 3)

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Law of Torts II CASES – Trespass to the Person (Lecture 3) Horkin v North Melbourne Football Club Battery: Directness: Hutchins V Maughan FACTS: o D had laid bait on his property when the D had told the P not to bring the P’s dogs onto the D’s land. o The P’s dogs came onto the land, ate the bait, and died. ISSUE: o Was there any directness with the D’s act in throwing the bait? HELD: o There was no directness in the D’s act, as he didn’t throw the baits directly to the dogs. Also, he had told the P not to bring the dogs onto the land. o Also, this was an involuntary action by the D, as he didn’t throw the bait at the dogs. Collins v Wilcock Comprises a direct act of the D which causes some physical contact with the person of the P without the Ps consent. Rixon v Star City Pty Ltd FACTS: o P was excluded from the casino under the Casino Control Act 1992 (NSW) and was bought to the interview room. Before, he was touch on the shoulder by an employee. P also gave evidence that he felt pain in his neck. Attained in the room, the P had asked several times to go to the bathroom, which was refused. ISSUE: o Did the employee’s touching of the P on the shoulder constitute a battery? HELD: o P was touched and not grabbed, but doesn’t make any difference under battery as it is still a direct act with physical contact by the D. However, touching someone’s shoulder to get their attention was considered to be a normal everyday interaction, therefore NO BATTERY. Fontin v Katapodis
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FACTS: o P was accused of not paying for goods so he went home and got a receipt to prove that he purchased the good. After coming back, the D called the P a “bad
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This note was uploaded on 09/27/2011 for the course FINANCE 1001 taught by Professor Profassorted during the Three '11 term at University of Adelaide.

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Law of Torts II CASES – Trespass to the Person (Lecture 3)

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