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Encyclopedia > Trespass to land
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Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Abuse of process  · Malicious prosecution
Fraud  · Tortious interference
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability torts
Ultrahazardous activities
Products liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence
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Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered may sue even if no actual harm is done. A court may order payment of damages or an injunction to remedy the tort. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... Jump to: navigation, search At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... Jump to: navigation, search False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Jump to: navigation, search Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Trover signifies finding. ... Jump to: navigation, search In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement that negatively affects someones reputation. ... The right to privacy is the right to control information about yourself in two situations. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Jump to: navigation, search Bold text Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... Jump to: navigation, search In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... The tort of negligent infliction of emotional distress is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... Jump to: navigation, search In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing speaks for itself. The doctrine is applied to claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... The calculus of negligence is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... This is a defense in the law of torts. ... An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Nuisance is a common law tort. ... Jump to: navigation, search A contract is any legally-enforceable promise or set of promises made between parties. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Damages, in law has two different meanings. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ...


For trespass to be actionable, the tortfeasor must voluntarily go to a specific location, but need not be aware that he has entered the property of a particular person. If A forces against his or her will B onto C's land, C will not have action in trespass against B, because B's actions were involuntary. C may instead claim against A. This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ...


In most jurisdictions, if a person were to trip and roll down a hill onto private property, there would be no trespass, because the person did not intend to go to the bottom of the hill. However, in Australia, negligence may substitute the requirement for intent. Thus in that country, if the person trips and rolls for want of due care, he or she would likely be found to have committed trespass. Jump to: navigation, search In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ...


As with other intentional torts, the defences of necessity and consent are available for trespass to the person. Necessity (as a term of jurisprudence) is a possible justification for breaking the law. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...


  Results from FactBites:
 
trespass legal definition of trespass. trespass synonyms by the Free Online Law Dictionary. (191 words)
Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property.
Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate.
This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
Los Angeles Lawyer - Tort (1234 words)
The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case.
For example, in English law an assault is both a crime and a tort (a form of trespass to the person).
The difference that grew up between the two is that in tort it is the victim (or 'claimant' in English law) who will normally initiate any court action and who aims to have a wrong compensated (for example by the payment of damages) or prevented (for example by injunctive relief).
  More results at FactBites »


 

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