Question

Identify and explain the tort of trespass.

Answer 1

Answer :- Tort of trespass is one of the oldest and widest writs. It contains both civil as well as criminal aspects. Main purpose is for security of person to protect from violence and injury. In criminal trespass there are three components (1) direct and forcefully body intervention (2) without any consent (3) legal injury was suffered. Even if third party is involved in it it will be considered.

* criminal trespass

(1) assault - directly or indirectly if a person is apllied force or an attempt of doing it . Harmful or offensive contact intentionally.

(2) battery - battery consist of touching other person against his / her will or hostilely.  

* if a two or more person meet in a narrow road if some one touches other person without intention of harm it's not battery.

* touching of other person in anger will be considered as battery.

* if a person use violence, force him in a rude way it will be battery. If in the narrow passage struggle which lead to harm or injury may be regarded as battery.

(3) false imprisonment :- full restraint in a person liberty without legal imprisonment. It will against the common law as well as Constitution. If plaintiff is not aware of the fact that he is in the room and asleep and door is locked it will be considered imprisonment.

(4) Trespass to land :- Unjustify interference of land in possession of a party by other party. Tort of trespass is required only the possession of land by plaintiff and other person intrusion. This requires no unlawful intention of a person, force or damaging etc.

(5) Trespass to chattels :- trespass to chattels is a tort in which intruder party intentionally interfered with lawful possession of plaintiff chattels ( movable property) . Use of property without it's owner permission.

(6) conversion :- when person intentionally interfere with personal property of another person.

Plaintiff must establish 4 elements -

* he should own the property during the time of interference.

*defendant must intentionally interfered with plaintiff property.

* damages.

* defendant conversion by wrongful act that is not compatible with the property right of plaintiff.

(7) intention infliction of emotional distress :- It is a common law tort which allows person to recover from emotional distress caused by other person intentionally . It occurs when a person act outrageously to cause other person severly emotional distress. For example :- blackmailing to cause future harm.