Week 5: Intentional Torts

Now that I’m at the end of week five, the focus has changed to the intentional torts which includes assault, battery, false imprisonment and trespass (to goods and land). Assault, battery and false imprisonment went too hard to understand. The most confusing thing with assault and battery was the overlap with Queensland statute (namely the criminal code act). Once I was able to understand how the statue interacted with the common law definitions of assault and of battery it mostly made sense. But that was back at week three, it is now two weeks later and I am very confused about some things, again.

Trespass to goods made enough sense when I read it first, until you get the section where they talk about bailment. At this point it gets a little bit confusing with the bailment exception, but I think I have a handle on it now, as it is to do with possessory rights rather than with ownership. Conversion and detinue are straightforward enough-the former is to do with changing of state and/or dealing in a manner as if you were the owner, and detinue is to do with a positive refusal to return a good when it is not actually yours. I like the fact that if you were to pursue conversion and detinue, it may not end up the way that you wish it to. If you want to the good returned to you, you would pursue detinue, however if you pursue conversion simultaneously you may not actually get the good return to you.

Trespass to land is straightforward enough, although it does have its own peculiarities or quirks. For instance the requirement for intent or the extent of the license for entry must be made explicitly clear, otherwise interaction with other torts such as trespass to goods, conversion and detinue becomes quite murky.

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Posted on 12th April, 2015, in LAW and tagged . Bookmark the permalink. Leave a comment.

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