Trespass means illegally entering in someone else’s property. There are two kinds of trespass, Trespass to a person and Trespass to land.
Trespass to person: This category of torts deals with the threat of, or actual use of unlawful force against a person. There are three types of torts in this category: Battery, Assault, False Imprisonment.
False imprisonment means imposing restraint on a person’s liberty without lawful justification.
1. Battery: It basically deals with actual use of unlawful force against a person. In order or a person to prove a tort of battery, one needs to show the following things: one needs to show that there was a use of force. The force need not have to be great. For example throwing water or spitting on a person is a battery. Also it must be proven that the use of force was without any legal justification and the use of force was intentional. By this I mean that an accident will not constitute battery as long as there was no negligence involved.
2. Assault: the tort of assault occurs when the defendant does something that causes a reasonable fear of battery in the mind of the plaintiff. By this I mean that assault occurs when something scares the plaintiff that he is going to be subjected to use of force. Also the defendant should have the ability to harm the plaintiff. . for example if a person in a hospital having fractures in his body and is plastered and he says you ‘I will bash you’, it is not an assault. Also assault comes before battery takes place.
3. False Imprisonment: This is tort that constitutes trespass against a person. This takes place when a person is deprived his liberty or he totally restrained from it. False imprisonment occurs when a person is locked in a lock up i.e. n a jail or even in a room. The restraint must be imposed without any lawful justification, then only he can be said to be falsely imprisoned.
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Trespass to Land:
Interference with another person’s land without justification constitutes the tort of trespass. A person who enters the land of another without his permission is called ‘trespasser’.
Every invasion of private property, however minute, is nuisance. Actual damage or loss to plaintiff is not required. But, such interference must violate the legal right of possession of the plaintiff.
Trespass to Goods/Chattels:
Unlawful interference with the goods or movable property of another person is called trespass to goods. It is of two types – detinue and coversion.
Wrongful detention of the plaintiff’s goods by the defendant is called ‘detinue’. The plaintiff can sue the defendant to claim the goods back.
The plaintiff must show that he was entitled to the immediate possession of the goods.