If you've gone through Part 1, then you've got a pretty good introduction to the Law Of Torts. Here we will list out the most common torts along with a brief overview of each.
So let's dive in...
Trespass
Entering someone else's property or land without their permission is called trespassing. This can disturb the owner's privacy and rights to their property, so there are laws against it.
If an individual physically* (e.g., light or smell doesn’t count) invades an owner’s real property or causes an object or a third person to invade it, he or she may be liable for trespass to land.
As an intentional tort, the intent is required; instead of intent to trespass, intent to enter or remain on the land is necessary - no matter what the trespasser knows about the ownership of that particular piece of land. Necessity can serve as a defense in such cases, however this privilege isn't absolute and must meet certain criteria in order for it to be applicable. In addition, landowners have the right to use reasonable force when stopping intruders from entering their property
Trespass to Land:
• Intent to enter or remain on the land required, no matter what trespasser knows about ownership
• No need to prove actual damages of value decreasing or property repairing; nominal damage claim permissible
Trespass to Chattels:
• Intermeddling with chattel must cause actual damage for trespass liability
Trespass to Conversion:
• More serious and substantial interference than trespass to chattel; chattels are totally controlled or destroyed by trespasser
• Mistakes of ownership or lawfulness not a defense
- No liability for nominal or punitive damages; must pay for actual damage caused
- Landowner has no right to eject/expel trespasser if emergency necessity continues
Liability:
• Landowner privileged to use reasonable force to stop a trespasser’s entry onto land
• If serious injury caused, landowner liable if trespasser doesn’t threaten harm
• Usually not liable to injured trespassers unless created artificial conditions which are highly dangerous