Study for the Bar in Your Car

Torts - Intentional Torts - Trespass to Land


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Welcome to a compelling deep dive into Episode 4 of the Study for the Bar in Your Car podcast. Join your AI hosts, Claude and Maude, as we rigorously explore intentional trespass to land, drawing directly from Angela’s incredibly detailed notes—the very foundation of our series. Angela herself is diligently studying for the bar, and her meticulous insights are distilled here for your success.

This episode delves into the fundamental tort that safeguards your most basic right: the exclusive control over your real property. We clarify that intent in trespass doesn't require knowing you're on someone else's land; it's simply the conscious choice to perform the physical act that results in entry. Discover the surprising breadth of 'land' itself, extending vertically beyond the visible surface, and how even microscopic elements, like industrial emissions, can constitute a physical invasion—a crucial concept illuminated by landmark cases.

You’ll learn how this tort protects the possessory right, not just legal ownership, enabling everyone from homeowners to tenants to assert their boundaries. We meticulously break down the types of damages available, from a symbolic recognition of right with nominal damages to compensatory and punitive awards for egregious conduct. Crucially, we distinguish trespass from its often-confused cousin, nuisance, highlighting how one protects the physical space while the other addresses the quality of its use and enjoyment.

Master essential defenses that can either justify an entry or limit liability. Explore the nuances of public and private necessity—where the former grants complete immunity, but the latter still requires compensation for any damage caused, a vital distinction for your exams. Understand the strict rules for defending property, emphasizing proportionality and the critical limit on deadly force. Finally, we demystify the attractive nuisance doctrine, which places a special duty on landowners toward child trespassers, alongside the significant 'adult activity' exception.

This episode is packed with the precise details and contextual understanding you need to excel. Ready to grasp the intricate world of property torts? Tune in and subscribe to the Study for the Bar in Your Car podcast. Elevate your bar exam preparation by mastering these foundational concepts today!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB