Rylands V Fletcher

Defences
- statutory authority
- volenti non fit injuria
- acts of third parties (except where the defendant failed to control reasonably foreseeable third
party acts, eg. Of children)
- Acts of God
- Total unforeseeability of harm

Trespass
Trespass to goods
- conversion
- detinue
Trespass to the person
- false imprisonment
- harassment
Trespass to land
- Various forms:
 Personal entry onto land
 Remaining on land after earlier permission has been withdrawn
 Leaving objects on land, including some owned animals
Features:
- Area protected
- Plaintiffs
- Signs and warnings
 Trespass after warning to leave
 Trespass after warning to stay off
 Delivery of warnings
Defences:
- aircraft in normal passage are protected by legislation, but this does not extend to damage caused
by them
- defendant had permission by licence to enter,
- Necessity. A defence in civil law paralleled in respect of criminal charges by Trespass Act 1980
- Exercise of lawful or statutory authority
- Defendant going onto another’s land in order to abate a nuisance in a reasonable manner
Remedies
- Damages
- Injunction, to prevent continuing or anticipated trespass
- The ejection of a person or goods, in a reasonable manner
- Action for recovery of land, which has been wrongfully taken or occupied.