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Trespass to chattels typically applies to tangible property and allows the owner of such property to seek relief when a third party intentionally interferes or intermeddles in the owner's possession of his personal property. [62] "Interference" is often interpreted as the "taking" or "destroying" of goods, but can be as minor as "touching" or ...
Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se ...
Additions, deletions, and changes to the ILCS are done through the Illinois Legislative Reference Bureau (LRB), which files the changes as provided for by Public Act 87-1005. [ 3 ] The compilation is an official compilation by the state and is entirely in the public domain for purposes of federal copyright law; anyone may publish the statutes ...
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional.
Title page of the 1912 Laws of Illinois. The Constitution of Illinois is the foremost source of state law. Legislation is enacted by the Illinois General Assembly, published in the Laws of Illinois, and codified in the Illinois Compiled Statutes (ILCS).
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion.
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.