Law School

Tort law: Property torts - Trespass


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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 (or maiming), and false imprisonment. 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 "unlawful obstruction or deprivation of freedom from restraint of movement". One can Retrieve wounded or expired game from neighboring properties and boundaries even if the neighboring land owner does not give permission as long as there are no weapons in possession while retrieving game causing injury". Trespass to chattel does not require a showing of damages. Simply the "inter-meddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.

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