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Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land.. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; [1] battery, "the intentional and direct application of force to another person"; [2] and false ...
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [ 1 ]
A trespass is a direct injury to a person, his property or land, committed directly and intentionally by the defendant, for example, walking on someone's land is not trespass but cutting a gate into pieces with a saw is.
Trespass to chattels, also called trespass to personalty or trespass to personal property, is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical contact with the chattel in a ...
The standard remedy in a detinue action is an order that the property be returned. The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss of use of the property. Damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel.
A former longtime land partner in the Catawba Indians’ $700 million North Carolina casino has sued the tribe over trespass and property damage claims. In its lawsuit, Kings Mountain Land ...
Calusinski's trial attorney, Paul De Luca, tells Moriarty he had little to counter the alleged skull fracture because, before trial, prosecutors gave him a disc containing dark, unreadable X-rays.
A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata ("Necessity induces a privilege because of a private right"). A court will grant this privilege to a trespasser ...