Trespass is defined by the act of knowingly entering another person’s property without permission. Such action is held to infringe upon a property owner’s legal right to enjoy the benefits of ownership. Trespass comes in two forms: trespass to land, and trespass to chattel. In either case, trespass means using the property without permission of the owner. Trespass to chattel is an intentional interference with a plaintiff’s right of possession to personal property. This may occur if a defendant damages the property or deprives the plaintiff of possession of the property.
Under Tort Law, a property owner may bring a civil law suit against a trespasser in order to recover damages or receive compensatory relief for injury suffered as a direct result of a trespass. In a tort action, the plaintiff must prove that the offender had, but knowingly violated, a legal duty to respect another person’s right to property, which resulted in direct injury or loss to the plaintiff. The elements of trespass to real property are: ?POSSESSION BY THE PLAINTIFF AT THE TIME OF TRESPASS; ?UNAUTHORIZED ENTRY BY THE DEFENDANT; AND ?DAMAGE TO THE PLAINTIFF FROM THE TRESPASS.
In the case at hand Farmer will have a claim of trespass to land and trespass to chattel against Pilot as intentional torts against the Farmer because Pilot has apparently fulfilled the requirements of commission of the intentional torts stated. 1 ‘TORTS – Essay One’ Student ID – 250755 November 14, 2014 DAN v. PILOT BATTERY In both criminal and civil law, “battery” is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (no consent).
An individual commits a battery if he/she acts intentionally either to cause a harmful or offensive contact or to cause imminent apprehension of such a contact and a harmful or offensive contact actually occurs. A battery is an intentional tort. The elements of the tort are: ?intent to commit the act; ?contact – non-consensual contact with the individual or his/her effects and ?harm – the battery caused actual injuries, not limited to just physical harm In the case at hand, it would appear that Dan would have at least a claim of battery against Pilot. 2 ‘TORTS – Essay One’ Student ID – 250755 November 14, 2014 PILOT v. DAN FALSE IMPRISONMENT The intentional tort false imprisonment takes place when the actor commits an act of restraint on another person which confines that person in a bounded area.
An act of restraint can be a physical barrier, the use of physical force to restrain, a failure to release, or an invalid use of legal authority. An area is only bounded if freedom of movement is limited in all directions. If there is a reasonable means of escape from the area, the area is not bounded. The elements of false imprisonment are: ?the unlawful restraint of another; ?against their will, and ?without legal justification In the case at hand it would appear that Pilot does have a claim of the intentional tort of false imprisonment against Dan.