Telph And Trespass To Land Case Summary

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2. Telph and Trespass to land. 2.1 -The facts of both cases in Barker v R and Downing v WIN can clearly show it is very possible that each time that Telph had accessed Mr Ziebell’s land can be construed as trespass to land. Mr Ziebell never gave consent to any licensing agreement for a third party (Telph) to access the land, furthermore it was never an implied or expressed term that Mr Ziebell had any intention for a third party (Telph) to have any dealings on Mr Ziebell’s land. 2.2 - Specifically in Barker v R, it mentions the doctrine of trespass ab initio which fits the facts on the existing circumstance. Mr Ziebell had no intention to give Telph authority to access the land pursuant to the licencing arrangement. Telph continuously …show more content…

3. Legal issues regarding Opfone. 3.1 - Opfone acted in a matter that was outside of the scope of the original licensing agreement witch developed into sub-licensing deal with Telph, which directly resulted in a trespass to land. The issue is in how Opfone had conducted themselves in regards to allowing a third party on the property without the consent of Mr Ziebell, who has the right to exclusive possession of the land. . 3.2 – In Downing v WIN similarities can be observed through out the current facts given by Mr Ziebell. As the facts correspond we can look at the courts findings to demonstrate that the court discovered (WIN) the licensee (Tenant) had sub-licensed the land outside of the scope of any clauses in the arrangement created by the Licensor. The court decided subsequently the agreement made had no indication of authorization to sub-lease the property that concluded in violation of the projected agreement . The same view was seen in Barker v R that was said to be trespass to …show more content…

4.1 – The facts provided my client (Mr Ziebell) agrees with the removal of the tower due to size stimulated was approximately double in size witch was never agreed upon. In regards to the second structure there was no mention at all that Opfone needed or wanted to build a second structure. 4.2 – In regards to In Downing v WIN, we can differentiate the differences between the current facts were there was never any mention about a separate brick building were as Downing v WIN it was evidently a specification of the agreed terms. This shall support and determine that our client (Mr Ziebell) had not indented to give permission to build a second building. Due to this Opfone is in breach for conducting a third party that consisted outside of the projected terms of the original understanding between Mr Ziebell and Opfone, there for it is direct and not a substantial loss. Recommendations 5.1 – Regarding the licenses issued to Opfone it should be instantly revoked with notice of breach for building a second building with out any consent and secondly sub-licensing without the consent of Mr Ziebell who never implied of expressed that the consent was

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