trespass under law of torts

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BARKATULLAH
UNIVERSITY
DEPARTMENT OF LEGAL STUDIES AND
RESEARCH
TOPIC :- TRESPASS LAW OF TORTS
SUBMITTED TO :
DR.ABHIMANYU SHARMA
SUBMITTED BY
ARYAN SONI

2. TRESPA
SS
LAW OF TORTS
.
.

3. WHAT IS
TORT?
ˈtȯrt : its a civil wrong , a wrongful act against an
individual , other than a breach of contract that injures
another and for which the law imposes civil liability , or
voilation of other's legal right .

4. TRESPASS ?
WHAT IS
An act committed intentionally to cause injury to land , property or
person every invasion of private property even so minute is a trespass
.
PERSON PROPERTY
Assault Battery False Imprisonment Goods
Land
CLASSIFICATION OF TORT OF TRESPASS

5. TRESPASS CAN BE COMMITTED :
DIRECTLY INDIRECTLY
Unauthorized entry onto someone's land is
trespassing, a legal violation with potential
civil and criminal consequences, including
damages and legal action by the property
owner.
Using objects to obstruct or harm others
can result in legal consequences, including
assault charges or civil liability for injuries
or damages inflicted. like throwing stones .

6. ESSENTIAL FOR TRESPASS :
☑Unauthorized entry - Entering a property
without proper permission.
☑Lack of permission - Absence of consent
from the property owner.
☑Intention to trespass - Knowingly entering
without consent.

7. -TRESPASS TO
GOODS-
1. they were in possession of the goods at the time of the interference.
2. the act of interference was intentional .
3. the act of interference was a direct act. For example, smashing the windscreen of
another person's car is direct interference, but locking a room where someone's goods
are left is not direct interference, unless those goods were intentionally locked away
without the knowledge and permission of the owner.
Trespass to goods is a direct interference by one person
with another person's possession or goods. For an action
of trespass to be successful it is necessary for the
plaintiff to prove:

8. DEFENCES TO TRESPASS TO
GOODS
• In defence of a claim for trespass to goods, a defendant may cla
that:
1.The plaintiff was not in possession of the goods at the
time .
2.The act of interference was unintentional .
3.The act of interference was not a direct act by the
defendant.

9. TRESPASS TO LAND
• Trespass to land is a direct physical interference with a
person's exclusive possession of their land by another
person. The interference is usually voluntary and
intentional, although it can include reckless or careless
interferences.
• Land includes everything under the land and over it,
including the ground, soil, rocks, streams and earth -
even airspace above the ground (to a reasonable
height).

10. DEFENCES TO TRESPASS TO
LAND
In defence of a claim for trespass to land, a defendant
may claim that:
1.The defendant had consent .
2.The plaintiff was not entitled to exclusive possession of
the land .
3.The plaintiff did not have actual possession of the land
4.The action was not intentional.
5.The action was authorised by legislation
6.The plaintiff gave permission for the defendant to be on
the land for an express purpose or period of time

11. TRESPASS TO THE PERSON :
It is basically unreasonable interference with body of a person which can be committed either by causing actual harm
or by just causing an apprehension of force .
THERE ARE THREE TYPES OF PERSON TORT :
1.ASSAULT : 351. Assault.—Whoever makes any gesture, or any preparation intending or
knowing it to be likely that such gesture or preparation will cause any person present to apprehend
that he who makes that gesture or preparation is about to use criminal force to that person, is said to
commit an assault.
2.BATTERY : the term "battery" refers to a specific legal concept rather than a physical battery or
electrical device.
Battery in tort law refers to the intentional and wrongful physical contact with another person without
their consent. It is a type of civil wrong (tort) that allows the victim to seek compensation for any harm
or injury caused by the unwanted physical contact.
1.False imprisonment : It occurs when one person intentionally restricts the freedom of

12. DEFENSE'S TO TRESPASS TO PERSON
Three common defenses to trespass to a person:
☑Consent: The victim willingly and
knowingly agreed to the actions
causing the alleged trespass.
☑Self-Defense: The defendant acted to
protect themselves from immediate
harm or danger.
☑Defense of Others: The defendant acted to
protect another person from