TRESPASS UNDER LAW OF TORTS

MEANING DEFINITION AND EXPLANATION

Trespass refers to unlawful interference with a person’s body or property without justification. It is an intentional tort that protects individuals’ rights to personal integrity and exclusive possession of property.

Trespass can be committed against a person (assault battery and false imprisonment) or against property (trespass to land and chattels).

TYPES OF TRESPASS

Trespass to Person includes:

  1. Assault: An act that creates reasonable apprehension of imminent harmful or offensive contact. No actual contact is necessary.
  2. Battery: Intentional and harmful or offensive touching of another person without consent.
  3. False Imprisonment: Total restraint of a person’s freedom of movement without lawful justification even for a short duration.

Trespass to Property includes:

  1. Trespass to Land: Unjustified entry upon land in possession of another.
  2. Trespass to Chattels: Intentional interference with another’s personal property.

ESSENTIALS AND ELEMENTS

For Trespass to Person:

  • Intentional act by defendant
  • Causing apprehension of contact (assault) or actual contact (battery)
  • Without consent of plaintiff
  • Resulting in harm or offense

For Trespass to Property:

  • Direct interference with plaintiff’s possession
  • Intentional act by defendant
  • Without lawful justification
  • Regardless of actual damage

LEGAL PROVISIONS AND PROCEDURE

Trespass is primarily governed by common law principles developed through judicial precedents. Some key aspects:

  • Trespass is actionable per se without proof of actual damage
  • Plaintiff must prove intentional act by defendant and lack of consent
  • Defendant can raise defenses like consent necessity or self-defense
  • Remedies include damages and injunction

Indian Penal Code sections relevant to trespass:

  • Section 441: Criminal trespass
  • Section 442: House trespass
  • Section 447: Punishment for criminal trespass

CASE LAWS AND PRECEDENTS

Assault

Stephens v. Myers (1830): Advancing with clenched fist saying “I would rather pull you out of chair” constituted assault though stopped by another person.

Battery

Cole v. Turner (1704): Even touching of another in anger is a battery.

False Imprisonment

Bird v. Jones (1845): Total restraint of movement necessary. Partial obstruction insufficient.

Trespass to Land

Entick v. Carrington (1765): “Every invasion of private property be it ever so minute is a trespass.”

Trespass to Chattels

Fouldes v. Willoughby (1841): Mere touching or moving chattel without asserting right over it is not trespass.

DEFENSES AND EXCEPTIONS

  1. Consent: Express or implied consent negates trespass.
  2. Necessity: Entry to property allowed to prevent greater harm.
  3. Self-Defense: Reasonable force to protect oneself is justified.
  4. Statutory Authority: Acts authorized by law are not trespass.
  5. Inevitable Accident: Unintentional and unavoidable acts may be excused.
  6. Mistake: Honest mistake may sometimes be a defense.
  7. Provocation: May mitigate damages but not a complete defense.

DOCTRINES AND THEORIES

  1. Doctrine of Transferred Intent: Intent to commit one type of trespass transfers to another.
  2. Doctrine of Continuing Trespass: Failure to remove object placed on land constitutes ongoing trespass.
  3. Doctrine of Trespass Ab Initio: Lawful entry becomes trespass if subsequent conduct is unlawful.

MAXIMS AND PRINCIPLES

  1. Volenti non fit injuria: No injury is done to a willing person.
  2. De minimis non curat lex: The law does not concern itself with trifles.
  3. Ex turpi causa non oritur actio: No action arises from an immoral cause.
  4. Ubi jus ibi remedium: Where there is a right there is a remedy.

GUIDELINES & REGULATIONS

  1. Entry to property requires consent of possessor or legal authority.
  2. Force used in self-defense must be proportional to threat.
  3. Police need warrant or probable cause for lawful entry into private property.
  4. Trespassers must leave when asked by lawful possessor.
  5. Reasonable force may be used to eject trespassers.
  6. Prior warning or notice enhances claim of trespass.
  7. Repeated trespass may warrant injunctive relief.

FORMS AND MODES

  1. Continuing Trespass: Failure to remove object placed on land.
  2. Trespass by Relation: Retroactive trespass due to relation back of title.
  3. Conditional Trespass: Entry exceeding scope of limited permission.
  4. Trespass by Necessity: Justified intrusion to prevent greater harm.
  5. Trespass to Try Title: Action to determine rightful possession of land.