TRESPASS

Trespass is a direct interference with the person or property of the plaintiff by the intentional actions of the defendant and is actionable per se (without proof of damage). If it was unintentional that the tort of negligence is relevant ( case of letang vs cooper 1965 ) The defendant must have intended to do the harmful act, although the plaintiff does not have to show that the defendant intended to cause harm.
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TRESPASS
Intentional Torts
Trespass

Trespass to The person

Trespass to land

Trespass to Goods

Assault

Battery

False imprisonment

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Trespass land:
Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land. This tort is actionable per se without the need to prove damage.

THE WAYS IN WHICH TRESPASS MAY OCCUR

1. Entering upon land

Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) The D owned land adjoining C's, and in mowing his own land he involuntarily and by mistake mowed down some grass on the land of C

2. Trespass to the airspace Trespass to airspace above the land can be committed. Kelsen v Imperial Tobacco Co [1957] D committed trespass by allowing an advertising board to project eight inches into C's property at ground level and another above ground level.

3. Trespass to the ground beneath the surface

Bulli Coal Mining Co v Osborne [1899] The Ds mined from their land through to the C's land. This was held to be trespass to the subsoil.

REMEDIES Ejection: the plaintiff can by the use of reasonable force remove the trespass. Self help: the plaintiff has the right to remove the things placed in his property. Action for recovery of land: this right is conferred under sec.6 of the Specific Relief Act, 1963 Damages: this is a tort of actionable per se Distress damage feasent: it is a remedy which authorizes a person in possession of land to seize the trespassing cattle or other chattel and detain them until compensation has been paid to him for the damage done by the cattle or chattels. Any chattle animate or inanimate can be seized or detained
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TRESPASS TO GOODS Trespass to goods means direct and wrongful interference with the plaintiffs possession of goods. The interference with the possession of goods may be seizure or removal or by direct act causing damage to the goods.this tort can commit against an animal also e.g. It is a trespass to beat a dog or to shoot pigeons.

Business Law, Gibson and Fraser 2003 Pearson Education Australia

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Trespass to goods possesses three elements: Lack of consent. Actual harm. Intentionality.

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REMEDIES Damages: it is a tort of actionable perse i.e. actionable without proof of any damage. Re delivery: the plaintiff can claim compensation and also redelivery of the goods.

Business Law, Gibson and Fraser 2003 Pearson Education Australia

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