Essays on trespass

In the paper 'Unauthorized Trespass' the author analyzes Trespass that occurs when a person or his/her property unlawfully enters, intrudes or interferes with that of the other person devoid of a pre-existing agreement or consent for instance easement to right of way.... The author states that unauthorized trespasser injured while trespassing the property of another, may claim damages or compensation from the owner of the property in circumstances where the owner applied force beyond reasonable limits...

The objective of this paper 'Technology Trespass' is to establish the fact that even though the facility of tracking a cellular phone can be used effectively and logically for crime detection and prevention, there should be adequate legal checks to prevent the misuse of this new technological feature.... The author states that the last decade has been marked by technological development on an unprecedented scale. The development of Information and Communication Technology (ICT) in particular has...

This essay "Nuisance and Trespass" focuses on Harrington & Nephew Ltd having the liability of committing nuisance against David and his family. This is because the company is hindering that family to enjoy the garden. The work at the construction is hindering the family from sleeping.... Harrington & Nephew Ltd may sue David's son for Trespass. He was so incensed because the paintwork on his car has been damaged by the chemical smuts emitted from the factory's machine. He stomps the company premises...

From the paper "Nuisance and Trespass Law" it is clear that in Trespass the defendant can claim that he had permission to enter the land. This defense will not be effective in the case since David's son had no permission from those in possession of the land.... Harrington & Nephew can require an action of ejectment. They can claim damages for the losses caused i.e. the breakages in the window and losses that could have arisen from a halt in work during the period of a nuisance. David's family will...

The "Nuisance and Trespass to Land" paper analizes the issue that relates to nuisance and Trespass to land, the law on these would be given, an application to the facts would be made and eventually, a conclusion would be drawn based on the evaluation made. ... In respect of the question, it can be said that the secretary did ask Wally to leave, which he refused and on the facts, he was a trespasser ab initio. Furthermore, the use of reasonable force by the secretary was justified and therefore Wally...

Instructor: Date: Trespass on the person; Battery The law on Trespass to the person is not premised on intention to harm, but rather intention to contact. Battery can be defined as when a person A intentionally causes harm or offensive conduct on the person of B.... The claimant was by law not required to prove any actual injury incurred by him/her on the account of the battery. One only needs to show that there was contact with some degree of negligence. Offensive contact occurs when is when the...

This coursework "Tort on Trespass and Nuisance Pitting" focuses on a case study of a tort on Trespass and nuisance pitting Cornick (plaintiff) vs Le Gac (defendant). The plaintiff claims that the defendant trespassed on her airspace due to the hanging ladder beams. ... The Cornick v Le Gac case is an indicator that it is not possible to balance the interest of neighbors in terms of their rights and entitlements. However, it points out the need for both parties to be considerate of each other's welfare...

This paper focuses on issues of liability that arise out of the question of Trespass to the person including harassment, false imprisonment, assault and battery under the law of tort. On the facts of the case for discussion, it appears that Mick has a viable claim against Paul for harassment.... Paul may have a valid claim against Mick for harassment and based on the facts he likely has a good defense to Mick's claim for false imprisonment, harassment, assault, and battery. It is also likely that...

"The Law of Tort: Trespass to the Person" paper focuses on the Tort of Trespass to the person that originates out of criminal law and involves a number of actionable wrongs. These wrongs are primarily concerned with the direct and often intentional invasion of a person and/or his property.... The damages recoverable in Trespass to the person's claims are indicative of its vindicatory goal as a tort. While a claimant can recover actual damages he is also entitled to exemplary damages and as noted...

The paper "Tort Law: Negligence, Nuisance, Trespass and Occupiers Liability" highlights that the power of the media is not confined alone to its possession of the platform to inform the public, but also to its ability to choose what to inform the public of. ... Taxation law played a prominent role in the media report because it involved the Australian Taxation Office, which had caused the issuance of a freezing order against the owners of the unfinished mansion. The tax liabilities of the Oswals...

This assignment "Comparison Lesli in California and Trespass with Regard to The Use of Violence" discusses two stories women are violated in different ways. Leslie is physically violated by her husband who beats her up from time to time and Carla is violated by the perverted men.... The above stories can be viewed as masterpieces in terms of giving an introspection into the fate of women in the United States. More specifically, the stories each have a unique setting but they bear notable semblances...

The essay "Legal Frameworks in the Built Environment: Nuisance and Trespass" discusses the notion of negligence under civil law. Negligence is the doing οf something which reasonable person would not do or the failure to do something that a reasonable person would do (Moore,2005,p.20).... Negligence can be defined as protection οf person, property, and economic interest from damage caused by another person's failure to take reasonable care (Latmier, P., 2004. p.196), in which legal...

"Legal Framework in the Built Environment" paper discusses elements of Trespass and nuisance under the law of tort.... This paper seeks to discuss elements of Trespass and nuisance under the law of tort.... he issues to be determined in the case are whether any of the counts amount to Trespass or nuisance.... he rules of law that are applicable to the case involve principles that relates to both Trespass and nuisance.... The scope of Trespass includes unlawful entry into a person's property, illegal stay within the property or interference with a person's rights to enjoy rights in his or her property....

"Obligations Learning Portfolio" paper endeavors to explore tort of Trespass, remedies of Trespass, and false imprisonment.... his paper endeavors to explore tort of Trespass, remedies of Trespass and false imprisonment. ... ngredients of Tort of Trespass ... ort of Trespass instigated from England ion early 13th century.... Trespass is a deliberate tort and can be castigated as crime....

Secondly, this definition means that unpermitted entry on land, below, or above its ground, or the airspace above it may be considered as Trespass.... For one, Trespass to land in this case is essentially the unjustifiable interference with land that is under the exclusive and immediate possession of another party.... This Trespass to land may also occur where a person directly makes entry upon another person's land or remains upon that land, or places or projects any object upon that land without permission....

Proprietary Rights and Corporate Torts: Applications of Intentional Torts to Corporate Trespass Concerning Documents and Intellectual Property Rights Introduction Intentional torts, as opposed to negligent torts, imply an element of intent to bring about a certain consequence, whether harm is also intended or not.... The application of intentional tort to corporations is not something unheard of considering the slew of recent cases of corporate Trespass, usually in relation to unauthorized access to computer files of companies....

The paper "Legal Frameworks in the Built Environment" states that the Trespass tort requires any person that enters another person's land without their consent and is not legally permitted to do so is liable for Trespass charges (Faulk and Gray, 2007).... It is however worth noting that according to the British laws, an act of nuisance or Trespass can only be dealt with through the civil legal routes such as suing the offending party and can not amount to prosecution....

I found the answer to your second question on page 78 of Henry Cheeseman's book where he defines Trespass to personal property as "a tort that occurs whenever one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property.... Personally, I find that the definition of Trespass to personal property given in Cheeseman's book encompasses the concept of Trespass to personal property in the case of Bidder's Edge Vs....

2 Types of Trespass ... respass to land: Anyone who goes into another's land without consent invitation or license and whose presence is unknown or objectionable to, by the landowner, can be considered a trespasser; Trespass to land is interference with the procession of land.... An action Trespass can be pursued without requiring the plaintiff to prove that any actual damage was done, as such even when one unintentionally enters private land or carries out activities therein, they are still held accountable....

Trespass to Property Without permission to have a picnic on the neighbour's unused vacant lot, a Trespass under the law of tort is committed.... As Harpwood explains, the tort of Trespass to property is established upon: …directly entering upon land, or remaining upon land, or placing or projecting any object upon land in the possession of the claimant, in each case without lawful justification.... 9 Moreover, it was held in Jones v University of Warwick [2003] EWCA Civ 151, that as a result of the right to privacy under Article 8 of the European Convention on Human Rights, entry to the property of another without the requisite permission amounts to a Trespass....

Thus, under the tort law, every person is entitled to certain rights and these include the right to be free from bodily harm, the right to enjoy a good reputation, the right to conduct business without unwarranted interference and the right to have one's property free from damage or Trespass.... Elliot can sue Ricky Pollard and Nick Nutter for Trespass to the person as well as Trespass to land.... Trespass to the person is also known as assault which according to Lord Goff in Collins v Wilcock [1984] is an act, which causes another person to apprehend the infliction of immediate, unlawful, force on his person....

he purpose of this study is to discuss Tom's case as regards to Trespass of land and Trespass of a person against officer Falcon and officer Derk.... In this case, there is a case Tom can establish Trespass to land against the police officers.... This replicates a clear Trespass to land.... A court wont fail but rather will have a succinct base to establish a Trespass to land. ... This gives Tom every right to file and establish a Trespass to land against Falcon and Derk as clearly laid out in the Forde v Skinner (1830) 4 Car & P 239; 172 ER 687 case law4....

These cases brings forth the question of whether electronic eavesdropping should be termed as Trespass, and whether it's in violation of a person's “reasonable expectation of privacy” and whether it violates the Fourth Amendment.... United States, there is no physical Trespass, whereas in United States v.... Jones, there is an aspect of the government's physical Trespass. ... United States is a case presided by the Supreme Court that discusses the These cases brings forth the question of whether electronic eavesdropping should be termed as Trespass, and whether it's in violation of a person's “reasonable expectation of privacy” and whether it violates the Fourth Amendment....

The second legal issue is whether this amounted to a tort or not because Trespass is one of the torts and it is a civil wrong committed by persons.... The sixth legal issue raised by the facts above is whether the defendant indeed committed a tort of Trespass by flying over the land of the plaintiff and taking aerial photographs of his house without the plaintiff's permission.... 336 the judge held that indeed erecting an object 4 to 8 feet in projection over the surface of another person's land amounted to Trespass (John, 1990-91, p....

ns 4: The case of Wilson v Horne concerns direct Trespass that is unintentional.... In this case, the defendant chose to pursue a path of negligent Trespass which was geared towards establishing that there was no direct intent to Trespass but rather that the Trespass was unintentional and could therefore be construed as negligent Trespass.... This case set the precedent for this defense in Trespass claims and thereby advanced the Law in favor of defendants who unintentionally became victims of Trespass claims....

In other words, criminalizing Trespass has no adverse effect on the establishment of adverse possession for both registered and unregistered lands.... he High Court had held that adverse possession was based upon criminal Trespass.... Most importantly, it does not criminalize all residential squatting and says nothing about Trespass onto commercial or agricultural premises.... Thus, the offence is not committed by a person who was a tenant when they entered the premises, and who subsequently holds over, it applies only to Trespass in a residential building3. ...

The paper "The Law on Occupier's Liability" states that an occupier is basically considered as a person who is under control over the premises such as buildings, and open land among others.... whereby, he is given the responsibility of ensuring that the premises are safe for their purposes.... ... ...

However, the two main legal issues that could arise in the case study are; Trespass and assault.... Therefore, Trespass scan be described as the invasion of a person's life by another without consent.... This is to say that if medical practitioners conducted medical procedures on a patient then their action would amount to Trespass (Corfield, et al 2010).... However, for a tort of Trespass to suffice there are certain elements or conditions that have to be met....

This Case translates to (Trespass to land) Lee complains that Terri erected his fence encroaching into his /her land in 1996.... The most obvious example is unauthorized walking upon the plaintiff's land or going into the buildings upon it, but it is equally Trespass to throw things on the plaintiffs land or allow the puppy to stray on it.... Trespass to land is not criminal in the absence of some special statute, which makes it so that is local land registry and enforceable per se Gilbert v Stone....

Trespass or nuisance is one of the most common disputes in construction among neighbours.... This is because neighbours ought to consult each other in case they are intending to put up new structures that might lead to dispute or Trespass.... This paper evaluates a Trespass case study.... It also highlights the implications of Trespass and merits of standard contract forms.... Question 3: What are the implications of Trespass, and how would this occur Trespass or nuisance may occur in different ways depending on the affected population, for example, it can be public or private....

In case Tom is unable to prove that the police officers actually did Trespass, were negligent and that they contributed to the loss of business, there is a possibility that they could be acquitted of the charges brought against them.... The law defines Trespass as “Trespass is a tortious cause of action dealing with direct and intentional interferences to either the person, land or to goods.... In the case of The Plaintiff Tom Versus the defendant Officer Falcon, the plaintiff can sue the defendant for Trespass on his person....

It's similar to a Trespass to a chattel, except that in the tort of conversion, the property is completely dominated and maintained and it's never going to be returned and therefore it has been converted.... The horrible purple colour does not amount to nuisance or Trespass to her person or personal property. ... s a general rule malice will not convert a lawful into an unlawful one ( Bradford Corporation v Pickles) but purpose or motive may be a determining factor whether or not a person is justified in disturbing his neighbor by making noise( 1836) shooting bullets across land – Trespass to land....

This case touches on collective Trespass since Seymour and the group had a common purpose of being on the premises of the GP Company.... In reference to the Criminal Justice and Public Order Act 1994 there exist a number of provisions that stipulate on how the police force should handle collective Trespass.... In this case Seymour and Ivor's undertakings can be termed as collective Trespass since they were holding their demonstrations in the company's car park....

The lobby has approached for advice on the advantages and disadvantages of suing Boney Tare in Civil Courts for Torts of Trespass against Tare in person and against Misfeasance in Public Office.... The lobby has approached for advice on the advantages and disadvantages of suing Boney Tare in Civil Courts for Torts of Trespass against Tare in person and against Misfeasance in Public Office.... What is the biggest obstacle to a successful action against Boney Tare in Trespass against the person ...

wo areas of the law in England, namely the law of negligence and the law of Trespass, form the basis of the duty of health care providers to give out information to the patients.... According to the law of Trespass, for consent to be effective or real, should have used broad terms to explain the nature of treatment to a patient.... In such a case, no cause of action in regard to Trespass can crop up.... She felt that a real or effective consent had not been obtained from her, thus, that was Trespass....

Trespass is an old set of wrongs that deal with the intentional and direct invasion of the complainant's properties.... However, before any hotel accuses a person of Trespass, they must prove the accused knew he was forbidden to access the premises, but he intentionally ignored it....

Two areas of the law in England, namely the law of negligence and the law of Trespass, form the basis of the duty of health care providers to give out information to the patients.... According to the law of Trespass, for consent to be effective or real, should have used broad terms to explain the nature of treatment to a patient.... In such a case, no cause of action in regard to Trespass can crop up.... She felt that a real or effective consent had not been obtained from her, thus, that was Trespass....

otty can also sue the vendors against Trespass on the goods.... An action for Trespass to goods lies where there is wrongful interference with another person's goods, which are in his possession.... For an action to be enforceable as a Trespass on goods, the plaintiff must establish that at the time of Trespass, he had the possession of the goods either actual or constructive and that his possession had been wrongly interfered with or disturbed....

Break and enter can either result in Trespass or burglary; unlike burglary, Trespass only involves breaking into and entering another person's premises without his permission.... Trespass does not require that the offender breaks into and enters a premise with the intention to commit a criminal offence (Doran & Burgess, 2011, p.... Therefore, a person who breaks into and enters another person's premises without his permission can either be charged with burglary or Trespass depending on his intention....

For example, cases involving two individuals such as breach of contract and Trespass should be heard by the federal court.... Civil cases are mostly addressed by the federal court such as Trespass; while criminal cases are heard by the state court for example murder case....

wo areas of the law in England, namely the law of negligence and the law of Trespass, form the basis of the duty of health care providers to give out information to the patients.... According to the law of Trespass, for consent to be effective or real, should have used broad terms to explain the nature of treatment to a patient.... In such a case, no cause of action in regard to Trespass can crop up.... She felt that a real or effective consent had not been obtained from her, thus, that was Trespass....

Potentially, this case has to be resolved through various legal concepts (especially the doctrines of nuisance and Trespass), using various statutes, and case laws.... Arising from tort several other civil wrongs arises including battery, Trespass, and conversion (The Locke Institute, 2011).... Another doctrine that could be used by Hill is the doctrine of Trespass is the damages suffered by one or one's property due to the acts of the defendant that are an infringement to the plaintiff or his property....

Trespass affidavits empower the Police to act on behalf of property owners and issue Trespass notices.... When acting on Trespass affidavits the police effectively banish a person from a certain location or group of locations.... Law, by enforcing and sanctioning the use of Trespass affidavits, seeks to modify the incentive structures in place rather than supplant them with outside dominance and force....

Critically examine the Civil Aviation Act 1982 with regard to the sta y defences to Nuisance and Trespass Introduction In answering the above it is necessary to consider the law in relation to noise, in particular with regard to aircraft as well as the rights of individuals to airspace in and around their property.... It will also be necessary to consider Trespass in general terms in relation to Trespass by person's onto another's land or seepage of chemicals etc to determine whether there Trespass on land is treated differently to Trespass above the ground1....

Constitution defines what is needed to Trespass into any American's right to privacy.... he majority of the court rejected Trespass doctrine, holding that the 4th amendment does not protect things that an individual exposes to the public, but what an individual expects to keep private, in all places, including public areas (Hess & Orthmann, 2008)....

Under the UK law of tort trespassing can be categorized as a) Trespass that relates to person b) Trespass concerning goods and c) Trespass relating to property.... In the broader spectrum, Trespass has three dimensions a) assault to make some one believes that he or she may be attacked at any time b) battery is the use of direct force to intimidate other person and last but not least c) imprisonment of a person on fake charges which deprives someone to move freely without lawful authority....

The current paper "Licensee in Property Law" discusses the case of Tania and Eric in which Tania has to prove locus standing to bring a claim in Trespass against Eric.... According to the text, Eric's actions arguably constitute Trespass however the issue in contention will be whether Tania has sufficient locus standing to bring a claim for Trespass against Eric.... Admittedly, it is established that the right to sue in Trespass to land requires some interest in land....

hree different types of cybercrime that I am aware of are 'cyber Trespass,' 'cyber theft,' and 'cyber violence' (Cornelius and Hermann, 2011, p.... Cyber Trespass involves real or virtual access of a person's computer, causing damage such as accessing information from the computer or introducing a virus into the computer....

The paper "Basic Formula of a Coelo Usque Ad Centrum" discusses that generally, the phrase describes the vertical extent of the owner's right in a land so that it encompasses the different strata of subterranean space, the earth's surface, and airspace.... ... ... ... First, 'Cujus est solium ejus est usque ad coelum et ad inferos', which means that land extends indefinitely upwards to the zenith and indefinitely downwards to the centre of the earth....

infield on Tort is one reputable source of enactments provided by the British constitution, it is clear that the plaintiff in this case had protection of privacy as it stated that the activities carried out were an act of Trespass.... It is from this that the judge may find it rather excessive to go for the nuisance charges on top of the Trespass ones already provided.... The judge was also clear to identify the Business Navigation Act 1920, Section 9 replaced by the Civil Act 1949 which states that the claims to both nuisance and Trespass are excessive and should not hold up in any legal process (Lemmings, 2011, 167) ...