Analysis Of The Five Situations Where The Trespass Should Be Applied

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This essay is going to look at the five situations where the trespass should be applied. The first one is whether Dobby is liable for trespassing to Draco’s factory site by using it for hand car-cleaning services even knowing that Draco is aware that it is being used. However there is no consent to do so. The second issue is whether Harry is trespassing the airspace of Draco’s property by flying a huge helium balloon several hundred feet above the park and by drifts in the wind it time to time passes over Draco’s land. The third issue is if Draco is liable for trespass to person when he throws Dobby into street. The fourth one arises when Harry tells Draco to ‘Piss off’ and the final the fifth issue is if Harry trespassed to person by…show more content…
For example entering as a trespasser with the intention of stealing. To begin with, trespass itself is not a crime at common law. There is the definition of trespass to land is it found in the case Martinelli v Nelson Street Holdings Ltd. and it says- "Intentionally or negligently entering or remaining on, or directly causing any physical matter to come into contact with land in the possession of one more". The trespass to land has to be intentional (requires a direct intentional act) . The first issue that is going to be analysed is whether Dobby is liable for trespass to land by using the derelict state of factory owned by Draco. The owner knows it is being used by Dobby, an unemployed person hoping to put food on his family’s table by providing hand car-cleaning services. However there is no consent from Draco to Dobby to do so. As looking in the facts that are in the case, it is necessary to identify if case satisfy all key elements for trespass. It is clear that Dobby did not intend to cause any damage to the land owned by Draco- he was using land for hand car-cleaning services for earning money to buy food for his family. But he intentionally stayed on the property which belongs to another person and this is how he satisfied the element which gives the definition for trespass to land- intention. The rule of intention to be needed in trespass to land is found in the book Clerk & Lindsell on Torts – ‘[It] consists of any
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