Trespass under Law of Torts with cases.pptx

Trespass

1. TRESPASS Dr Sudatta Barik

2. TRESPASS Trespass is the wrongful disturbance of another person possession of land and goods. It signifies an infringement or transgression of a right. It is a violation of only the right of possession and trespass to land is unjustifiable interference with possession of it. Kinds of Trespass – Trespass to land and Trespass to property Section 441 IPC

3. Trespass to land Trespass by wrongful entry Trespass by abuse of license by remaining on the land Trespass by placing things on the land Trespass by cattle

4. Hickman Vs Moisey (1900) 1 QB 752 -

5. Trespass ab initio Where a person enters upon the land of another under authority of law and is subsequently guilty of an abuse of his authority by the act of misfeasance , his misconduct relates back so as to make his original entry tortious and he is liable in damages not only for entry itself but for all subsequent act.

6. Conditions The authority to enter must have been given by law or statute That subsequent act must be a misfeasance Continuing trespass Trespass by abuse of license – Hurst Vs Picture Theatres Ltd (1915) 1 QB 142 – Theatre seat Six Carpenters Case (1610) 8 Co Rep 146a – man not liable

7. Trespass by animal

8. Conditions He was in actual possession at the time of trespass He must have effective possession and not the user There was direct interference with the possession of his land

9. Remedies Bring an action against defendant He may forcibly defend his possession using reasonable force Injunction

10. Defences Prescription Leave and License Authority of Law Act of necessity Self – defence

11. Trespass to Goods The tort of trespass takes place wherever there has been an actual taking of or direct and immediate damage to another person goods. Trespass to goods ia an unlawful disturbance of the possession of the goods by seizure or removal or by direct act causing damage to the goods. Trespass to goods is actionable per se .

12. Forms of Trespass Taking the thing away from plaintiff possession . This is known as asportation Direct application of force

13. Essential That he was in actual possession of goods That his possession has been wrongfully disturbed P A Jacob Vs Nanda Timber Trading Co AIR 1990 Mad 140

14. Who can sue for trespass The person who is the owner and possession of goods The person who is not the owner but in possession of goods Finder of the article/goods Joint owner Forms of recovery – Replevin , Trover , Detinue

15. Conversion Conversion is the wrongful taking or using or destroying of the goods or an exercise of dominion over them inconsistent with the title of the owner. A conversion in act of wilful interference , without lawful justification with any chattel is a manner inconsistent with the right of another whereby that other is deprived of the use and possession of it Conversion is the wrong done by an unauthorised act which deprives another of his property permanently or for an indefinite time.

16. Roop Lal Vs UOI AIR 1972 J & K 22

17. Passing off