The relationship between Johnny and his neighbour Miles has worsened considerably since their…

The relationship between Johnny and his neighbour Miles has
worsened considerably since their argument about Miles’ flag (see exercise
5.1). Miles leaves a letter in Johnny’s letterbox insisting that Johnny return
the shovel Miles has allowed Johnny to borrow 12 months previously. Miles had
never asked for the shovel to be returned before now, and Johnny had started
thinking of the shovel as his own. Three months ago, Johnny loaned the shovel
to his friend Randal, and Randal has since moved to another State, taking the
shovel with him. Has Johnny committed the tort of trespass?

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exercise 5.1

Johnny’s neighbour Miles frequently expresses racist
political views with which Johnny firmly disagrees. Miles has recently
installed a flagpole in his front garden, quite close to the fence that runs
along the border between Miles’ property and Johnny’s property. From this
flagpole Miles flies a very large Australian flag. When the wind is blowing
strongly from the south, the large flag extends into the airspace above
Johnny’s property. After a particularly passionate argument about asylum
seekers, Johnny demands that Miles take down the flag. Miles refuses, accusing
Johnny of being unpatriotic. Can Johnny compel Miles to remove the flag?

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