Difference between revisions of "Trespass"
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[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''trespas'', from Anglo-French, passage, overstepping, misdeed, from ''trespasser''. | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''trespas'', from Anglo-French, passage, overstepping, misdeed, from ''trespasser''. | ||
Old French ''trespas'' passing across, passage, transgression of an order or [[law]], [[offence]] | Old French ''trespas'' passing across, passage, transgression of an order or [[law]], [[offence]] | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/13th_century 13th Century] |
==Definitions== | ==Definitions== | ||
*1a : a [[violation]] of [[moral]] or [[social]] [[ethics]] : transgression; especially : [[sin]] | *1a : a [[violation]] of [[moral]] or [[social]] [[ethics]] : transgression; especially : [[sin]] | ||
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*2a : an unlawful [[act]] committed on the [[person]], [[property]], or rights of another; especially : a wrongful entry on real [[property]] | *2a : an unlawful [[act]] committed on the [[person]], [[property]], or rights of another; especially : a wrongful entry on real [[property]] | ||
==Description== | ==Description== | ||
| − | '''Trespass''' is an area of [ | + | '''Trespass''' is an area of [https://en.wikipedia.org/wiki/Tort_law tort law] broadly divided into three groups: trespass to the [[person]], trespass to chattels and trespass to [[land]]. |
Trespass to the [[person]], historically involved six separate trespasses: threats, [[assault]], battery, wounding, mayhem, and maiming. Through the [[evolution]] of the common law in various [[jurisdictions]], and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the [[person]]: [[assault]], which is "any act of such a [[nature]] as to excite an apprehension of battery"; battery, "any [[intentional]] and unpermitted [[contact]] with the plaintiff's person or anything attached to it and practically identified with it"; and false [[imprisonment]], the "unlaw[ful] obstruct[ion] or depriv[ation] of [[freedom]] from restraint of [[movement]]." | Trespass to the [[person]], historically involved six separate trespasses: threats, [[assault]], battery, wounding, mayhem, and maiming. Through the [[evolution]] of the common law in various [[jurisdictions]], and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the [[person]]: [[assault]], which is "any act of such a [[nature]] as to excite an apprehension of battery"; battery, "any [[intentional]] and unpermitted [[contact]] with the plaintiff's person or anything attached to it and practically identified with it"; and false [[imprisonment]], the "unlaw[ful] obstruct[ion] or depriv[ation] of [[freedom]] from restraint of [[movement]]." | ||
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Trespass to chattels, also known as trespass to [[goods]] or trespass to [[personal]] [[property]], is defined as "an [[intentional]] [[interference]] with the [[possession]] of personal property...proximately caus[ing] injury." Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of...the [[personal]] [[property]]" of another gives cause of [[action]] for trespass. Since CompuServe Inc. v. Cyber Promotions, various [[courts]] have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage. | Trespass to chattels, also known as trespass to [[goods]] or trespass to [[personal]] [[property]], is defined as "an [[intentional]] [[interference]] with the [[possession]] of personal property...proximately caus[ing] injury." Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of...the [[personal]] [[property]]" of another gives cause of [[action]] for trespass. Since CompuServe Inc. v. Cyber Promotions, various [[courts]] have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage. | ||
| − | Trespass to [[land]], the form of trespass most associated with the term trespass, refers to the "wrongful [[interference]] with one's possessory rights in [real] [[property]]." Generally, it is not [[necessary]] to prove [[harm]] to a possessor's legally protected interest; liability for unintentional trespass varies by [[jurisdiction]]. "[A]t common [[law]], every unauthorized entry upon the [[soil]] of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly [[dangerous]] activity.[ | + | Trespass to [[land]], the form of trespass most associated with the term trespass, refers to the "wrongful [[interference]] with one's possessory rights in [real] [[property]]." Generally, it is not [[necessary]] to prove [[harm]] to a possessor's legally protected interest; liability for unintentional trespass varies by [[jurisdiction]]. "[A]t common [[law]], every unauthorized entry upon the [[soil]] of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly [[dangerous]] activity.[https://en.wikipedia.org/wiki/Trespass] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 02:41, 13 December 2020
Origin
Middle English trespas, from Anglo-French, passage, overstepping, misdeed, from trespasser. Old French trespas passing across, passage, transgression of an order or law, offence
Definitions
- b : an unwarranted infringement
- 2a : an unlawful act committed on the person, property, or rights of another; especially : a wrongful entry on real property
Description
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement."
Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately caus[ing] injury." Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of...the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.
Trespass to land, the form of trespass most associated with the term trespass, refers to the "wrongful interference with one's possessory rights in [real] property." Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "[A]t common law, every unauthorized entry upon the soil of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.[1]
