SQE (TORT LAW) EXAM REVIEWED
QUESTIONS AND EXPECTED CORRECT
ANSWERS
What is trespass to land?
Unlawful direct interference with the claimant's possession
of land
What does it mean that trespass to land is
actionable per se?
The claimant does not need to show any actual damage or
injury to the land. The mere fact the right has been
infringed is enough.
What type of possession of the land must the claimant
have to bring a claim?
Exclusive possession
What four things are included in the definition of land?
1. Land2. Buildings on the land3. Subsoil4. Airspace up to
a height necessary for the ordinary use of land and
buildings
What type of interference is required for trespass?
Direct interference; indirect will not suffice
Is it trespass to allow your animal to stray onto
another's property?
Yes
Whilst indirect interference will not suffice for
trespass to land, what might it give rise to a claim in?
Nuisance
,To commit the intentional tort of trespass to land,
what does the defendant have to intend and what is
their intent irrelevant with regard to?
They must merely intend to enter/interfere with the land.
They need not intend to trespass or even know that the
land belongs to another.
Does a claimant who enters land involuntarily commit
trespass?
No
What is the one instance where trespass can be
committed by negligent interference?
Defendant knows that their animals are likely to enter the
claimant's land but carelessly fails to prevent them from
doing so
What is the defence of *lawful entry* with regard to
trespass to land?
A defendant whose presence is lawful, e.g. via statutory
authority, does not commit trespass
What is the defence of *necessity* with regard to
trespass to land?
There is no trespass where a defendant enters land
because it was necessary to preserve life or property
What are the two types of remedies for trespass and
what are the two subcategories of the first type?
1. Damages: notional if no damage suffered; actual if
damage suffered2. Injunction
If a claimant wishes to engage in self-help to cure the
trespass, what must they not do and what is the one
exception to this?
It is a criminal offence for a person, other than a
displaced residential occupier, to use violence or
,threaten to do so to secure entry to premises occupied by
another
What are the three types of trespass to the person,
and are they actionable per se?
1. Battery2. Assault3. False imprisonmentAll are
actionable per se.
What is battery?
Intentional direct application of unlawful force to the
claimant's person
For battery, what is force?
Any unwanted physical contact, unless generally
acceptable in the ordinary conduct of life, e.g. brushing
shoulders in a crowd
Is contact with the claimant's clothing force?
Yes, e.g. throwing paint which splashes a claimant's jacket
Can an involuntary act of force amount to battery?
No. It must be intentional.
What does the defendant need to intend to commit
battery and what need he not intend?
Must intend to apply the force. Need not intend to harm
the victim.
Can the intention to apply force be transferred to a
different victim?
Yes
What is assault?
An intentional act which causes the claimant to reasonably
apprehend an immediate battery
What must the defendant intend to commit assault?
They must intend that the claimant apprehend the use of
force
, What must be true for a claimant to be deemed to have
apprehended force?
They must be *aware* of the force or threat of force
Does apprehension require the defendant to
be afraid?
No
Does force need to be applied for an assault to be
committed?
No
What must be true of the claimant's apprehension of
immediate force?
It must be reasonable
What are the two effects words can have on an
assault?
Words can:1. Give rise to an assault, e.g. "I'm going to
punch you right now!"2. Negate an assault, e.g. "If I
weren't such a good person, I would punch you!"
What is false imprisonment?
Unlawful constraint of the claimant's freedom of movement
from a particular place
What must the defendant intend for false
imprisonment, and what need they not intend?
They must intend to constrain the claimant's freedom of
movement. They need not intend that the constraint be
unlawful.
Is it a defence to false imprisonment that the
defendant thought they had a right to detain the
claimant?
No
What must be true of the constraint for it to amount to
false imprisonment, and what negates this?
QUESTIONS AND EXPECTED CORRECT
ANSWERS
What is trespass to land?
Unlawful direct interference with the claimant's possession
of land
What does it mean that trespass to land is
actionable per se?
The claimant does not need to show any actual damage or
injury to the land. The mere fact the right has been
infringed is enough.
What type of possession of the land must the claimant
have to bring a claim?
Exclusive possession
What four things are included in the definition of land?
1. Land2. Buildings on the land3. Subsoil4. Airspace up to
a height necessary for the ordinary use of land and
buildings
What type of interference is required for trespass?
Direct interference; indirect will not suffice
Is it trespass to allow your animal to stray onto
another's property?
Yes
Whilst indirect interference will not suffice for
trespass to land, what might it give rise to a claim in?
Nuisance
,To commit the intentional tort of trespass to land,
what does the defendant have to intend and what is
their intent irrelevant with regard to?
They must merely intend to enter/interfere with the land.
They need not intend to trespass or even know that the
land belongs to another.
Does a claimant who enters land involuntarily commit
trespass?
No
What is the one instance where trespass can be
committed by negligent interference?
Defendant knows that their animals are likely to enter the
claimant's land but carelessly fails to prevent them from
doing so
What is the defence of *lawful entry* with regard to
trespass to land?
A defendant whose presence is lawful, e.g. via statutory
authority, does not commit trespass
What is the defence of *necessity* with regard to
trespass to land?
There is no trespass where a defendant enters land
because it was necessary to preserve life or property
What are the two types of remedies for trespass and
what are the two subcategories of the first type?
1. Damages: notional if no damage suffered; actual if
damage suffered2. Injunction
If a claimant wishes to engage in self-help to cure the
trespass, what must they not do and what is the one
exception to this?
It is a criminal offence for a person, other than a
displaced residential occupier, to use violence or
,threaten to do so to secure entry to premises occupied by
another
What are the three types of trespass to the person,
and are they actionable per se?
1. Battery2. Assault3. False imprisonmentAll are
actionable per se.
What is battery?
Intentional direct application of unlawful force to the
claimant's person
For battery, what is force?
Any unwanted physical contact, unless generally
acceptable in the ordinary conduct of life, e.g. brushing
shoulders in a crowd
Is contact with the claimant's clothing force?
Yes, e.g. throwing paint which splashes a claimant's jacket
Can an involuntary act of force amount to battery?
No. It must be intentional.
What does the defendant need to intend to commit
battery and what need he not intend?
Must intend to apply the force. Need not intend to harm
the victim.
Can the intention to apply force be transferred to a
different victim?
Yes
What is assault?
An intentional act which causes the claimant to reasonably
apprehend an immediate battery
What must the defendant intend to commit assault?
They must intend that the claimant apprehend the use of
force
, What must be true for a claimant to be deemed to have
apprehended force?
They must be *aware* of the force or threat of force
Does apprehension require the defendant to
be afraid?
No
Does force need to be applied for an assault to be
committed?
No
What must be true of the claimant's apprehension of
immediate force?
It must be reasonable
What are the two effects words can have on an
assault?
Words can:1. Give rise to an assault, e.g. "I'm going to
punch you right now!"2. Negate an assault, e.g. "If I
weren't such a good person, I would punch you!"
What is false imprisonment?
Unlawful constraint of the claimant's freedom of movement
from a particular place
What must the defendant intend for false
imprisonment, and what need they not intend?
They must intend to constrain the claimant's freedom of
movement. They need not intend that the constraint be
unlawful.
Is it a defence to false imprisonment that the
defendant thought they had a right to detain the
claimant?
No
What must be true of the constraint for it to amount to
false imprisonment, and what negates this?
