Trespass

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlaw obstruct or depriv of freedom from restraint of movement".

Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property … proximately caus injury". Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.

Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in property". Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "t common law, every unauthorized entry upon the soil of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.

Read more about Trespass:  Trespass To The Person, Trespass To Chattels, Trespass To Land

Other articles related to "trespass":

Trespass On The Case - The Emergence of The Writ of Trespass
... Trespass and Trespass on the Case, or "Case", began as personal remedies in the royal courts in London in the 13th century ... These early forms of trespass reflected a wide range of wrongs ... Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "vi et armis." Trespass writs alleging force and arms became known simply as Trespass ...
Trespass (disambiguation)
... Trespass is the legal term for a direct violation of another person's property, usually land ... Trespass may also refer to Trespass (1992 film), starring Bill Paxton, Ice Cube, Ice-T, and William Sadler Trespass (soundtrack) Trespass (film score) Trespass (2011 film), starring Nicole ...
Scott V Shepherd - Judgment
... “ I am of opinion that trespass would well lie in the present case ... is express that malus animus is not necessary to constitute a trespass.. ... that if the act in the first instance be unlawful, trespass will lie ...
Bill Of Middlesex - Bill
... If A wished to sue B for trespass, debt and detinue, the court would have to issue an individual writ for each action, with associated delays and costs for A, and then ... Thus a legal fiction arose if A wished to sue B for trespass, debt and detinue, he would have a writ issued for trespass ... more fictitious if A wished to sue B merely for debt and detinue, a trespass writ would be obtained and then quietly dismissed when B was detained in custody ...
Trespass To Land - Defenses
... There are several defenses to trespass to land license, justification by law, necessity and jus tertii ... Necessity is the situation in which it is vital to commit the trespass in Esso Petroleum Co v Southport Corporation, the captain of a ship committed trespass by ...

Famous quotes containing the word trespass:

    Ye whose clay-cold heads and luke-warm hearts can argue down or mask your passions—tell me, what trespass is it that man should have them?... If nature has so wove her web of kindness, that some threads of love and desire are entangled with the piece—must the whole web be rent in drawing them out?
    Laurence Sterne (1713–1768)

    Lay not that flattering unction to your soul,
    That not your trespass but my madness speaks;
    It will but skin and film the ulcerous place,
    Whilst rank corruption, mining all within,
    Infects unseen.
    William Shakespeare (1564–1616)

    No more be grieved at that which thou hast done,
    Roses have thorns, and silver fountains mud,
    Clouds and eclipses stain both moon and sun,
    And loathsome canker lives in sweetest bud.
    All men make faults, and even I in this,
    Authorizing thy trespass with compare,
    My self corrupting salving thy amiss,
    Excusing thy sins more than thy sins are:
    William Shakespeare (1564–1616)