LAW 122 Lecture Notes - Lecture 2: Woodbine Racetrack, Vicarious Liability, Professional Negligence In English Law
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Intentional tort of trespass to land: trespass improper interference with land, elements of test: Intentional act: causing person or object to interfere with land, break it down, must be intentional, but low test (intentional to act, land: above, on or below, must be improper . Interference: wide definition: consent = not improper (a defence, legal authority = not improper (a defence, example: good fences make good neighbors! Not facts: now that we have the law, stated as a general principle, lets move to the specifics of this case. So, the defendant served her with a notice while she was at woodbine race track in to that required her to leave the premises. The notice also said that if she returned to any of the defendant"s premises, she would be charged as a trespasser. But that consent can be withdrawn with notice, as long as a person is not excluded for reasons that violate the.