Trespass is an area of criminal law or 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.[1] 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;[2] battery, any intentional and unpermitted contact with the plaintiffs person or anything attached to it and practically identified with it;[2] and false imprisonment, the unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement.[3] 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.[4] 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.[5][6] Since CompuServe Inc. v. Cyber Promotions,[7] various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.[8][9][10][11] Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of wrongful interference with ones possessory rights in [real] property.[12] Generally, it is not necessary to prove harm to a possessors 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.[13] Trespass has also been treated as a common law offense in some countries.
Posted on: Sun, 16 Nov 2014 21:32:47 +0000
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