ABSTRACT

Q Understand the unique purposes behind the creation of the rule Q Understand the essential elements that must be proved for a successful claim Q Understand the wide range of available defences Q Understand the limitations on bringing a claim Q Be able to critically analyse the tort and identify the wide range of diffi culties associ-

ated with it Q Be able to apply the law to factual situations and reach conclusions as to liability

10.1 Purpose and character of the tort Trespass to land protects landowners from infringement of their boundaries. The tort of negligence gives a right of action where damage is caused as a result of a ‘careless’ act. We have also seen that the tort of nuisance comes to the assistance of a person whose use of land is interfered with indirectly by activities of the defendant on their land. It might appear that all possible eventualities have been catered for but this is not the case.