The following definitions for trespass are taken from ballantines law dictionary 3 rd edition, bouviers law dictionary 6 th edition, blacks law dictionary 2 nd edition, and websters 1828 dictionary. Tort law originated in england with the action of trespass. The law dictionary featuring black s law dictionary free online legal dictionary 2nd ed. Trespass is a generic name for various torts, most of them being distinguished by the latin words formerly used in the appropriate writs. A fouryear period after the attainment of majority within which the young adult may seek to annul any contract made while the person was a minor. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Bouviers law dictionary, 1856 edition letter a bouviers law dictionary 1856 edition a a, the first letter of the english and most other alphabets, is frequently used as an abbreviation, q.
An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. To explore this concept, consider the following egregious definition. Black s law is the most widely used law dictionary in the united states. It meant, as late as the 14th century, a wrong or a tort. Although authority under virginia law respecting an action for trespass to chattels is sparse, case law suggests that trespass to chattels is indeed actionable in virginia. It is a common law form of action, otherwise known as case or action on the case, for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or negligence, or for an injury which is consequential, as. Initially trespass was any wrongful conduct directly causing injury or loss. Trespass on the case legal definition of trespass on the case. But as actions for trespass presented increasingly disparate facts.
The general concept of property comprises various rights a bundle of sticks, as it is often called 6 which is usually understood to include the exclusive right of possessing, enjoying, and disposing of a thing. State of michigan court of appeals state bar of michigan. Trespass to land, aerial trespass and dispossession. Ballantines a misfeasance, transgression, or offense which damages anothers person, health, reputation, or property cox v. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only conse. It is the argument that was the reason for the charges to be dropped, or for a win in court against the argument that free people can have. Trespass on the case is an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss. What is the difference between tort of negligent trespass. Can help you determine how a subject is classified e. The branch of law dealing with such wrongs a far less formal definition of a tort is 1.
It is a commonlaw form of action, otherwise known as case or action on the case, for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or negligence, or for an injury which is consequential, as. It is the reference of choice for terms in legal briefs and court opinions and has been cited as a secondary legal authority in many u. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only consequential. A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. It is distinguished from an action of trespass on the case, in this, that.
Trespass means the wrongful disturbance of possession of land or goods of another person. In blacks law dictionary sixth edition, 1990, page 1504. The definition of criminal trespass in blacks law dictionary is stated as a person who enters on the property of another without any right, lawful authority or an express or implied invitation or license. Trespass on the case law and legal definition uslegal, inc. Law dictionary alternative legal definition any misfeasance or act of one man whereby another is injuriously treated or damnified. A civil wrong for which a remedy may be obtained, usually in the form of damages 2. Legal dictionaries information types law search smart. Bouvier s law dictionary, 1856 edition letter a bouvier s law dictionary 1856 edition a a, the first letter of the english and most other alphabets, is frequently used as an abbreviation, q. Encyclopaedic australian legal dictionary lexisnexis online here. It is a common law form of action, otherwise known as case or action on the case, for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or. A species of personal action of very extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original writ by which formerly. Trespass legal definition of trespass legal dictionary. Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion a euphemism for theft and trespass on property and form the basis for a.
Law to commit an unlawful injury to the person, property, or rights of another, with actual or implied. An injury or misfeasance to the person, property, the law dictionary featuring black s law dictionary free online legal dictionary 2nd ed. But as actions for trespass presented increasingly disparate facts to the common law courts, subdivision of the law of torts commenced. Therefore tort law is one of the major areas of law along with contract, real property and criminal law and results in more civil litigation than any other category. An injury or misfeasance to the person, property, the law dictionary featuring blacks law dictionary free online legal dictionary 2nd ed. Among the romans this letter was used in criminal trials. This is the remedy brought by the plaintiff for an immediate injury committed with force. The essential element of trespass is physical invasion of the land, walker drug co. Usually a judge, a trial setting commissioner, or the clerk of the court calendars. Ive not heard the phrase negligent trespass, but i assume that. This is not generally known by the name of trespass. Examples of chattel, as defined in common law, include furniture, clothes hanging in the closet, and cattle on a farm. Blacks law dictionary defines trespassing as, an unlawful act committed against the person or property of another. Jan 10, 2017 the common law definition of chattel is any property that is not land or physical items belonging to that land.
Today, chattel is defined as any item of personal property and that can be moved. What is the difference between tort of negligent trespass and. Ballantinesa misfeasance, transgression, or offense which damages anothers person, health, reputation, or property cox v. In such a case, the property would have to be judicially foreclosed upon to properly carry out a foreclosure sale. An unlawful intrusion that interferes with one s person or property. Taking or detaining a mans goods are respectively trespasses, for which an action of trespass on the case in trover and conversion, is given by the law. At common law, trespass was a form of action brought to recover damages for any injury to ones person or property or relationship with another. All the crazy stuff that you can possibly imagine happening to a person. What is trespass on the case blacks law dictionary. Criminal trespass free legal news, law articles, case. A forcible entry on the land of another with strong hand and against the will of the owner constitutes a trespass. A professional name for the aggregate of reported cases as forming a body of jurisprudence.
Blacks law dictionary defines trespassing as an unlawful act committed against the person or property of another person. The law dictionary featuring blacks law dictionary free online legal dictionary 2nd ed. Golf balls landing in another s swimming pool have been found to constitute a trespass. Criminal trespass under section 441 of indian penal code. Golf balls landing in anothers swimming pool have been found to constitute a trespass. In addition to this definition, the dictionary defined trespass in more specific subsections due to the broadness of the term. A species of personal action of very extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original writ by which formerly it was always commenced. The term criminal trespass has been defined in blacks law dictionary as a person who enters on the property of another without any right, lawful authority or an express or implied invitation or licence. In legal theory, all torts are trespasses it is, in the common law, the original tort as it is most firmly rooted in medieval legal history, although detinue has some claim to that title as well.
Continuing trespass criminal trespass innocent trespass. Land includes not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. Australian law dictionary oxford university press, 2nd ed, 20 at kl40 a938. This broad usage of the term trespass then gave way to a narrower usage, referring to intrusions upon a persons tangible property, real or personal. Definition of a tort blacks law dictionary defines a tort as 1. Tresspass synonyms, tresspass pronunciation, tresspass translation, english dictionary definition of tresspass. Definition of a tort blacks law dictionary defines a tort. Tresspass definition of tresspass by the free dictionary.
Any misfeasance or act of one man whereby another is injuriously treated or damnified. The most general term that can be employed to denote a right, claim, title, or legal share in something. Dictionary, thesaurus, financial, idioms, encyclopedia, wikipedia. This is really useful when researching a legal issue and you want to find a book that would cover the topic, or browse the subjects in a legal encyclopaedia. The following is an example of a local law dealing with trespass. Blacks law is the most widely used law dictionary in the united states. Trespass was the allinclusive tort but was limited to land trespass. Criminal trespass basically refers to an unlawful entry by a person into a private property of another person. Definition of a tort blacks law dictionary defines a tort as.
Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels. Feb 14, 20 the following definitions for trespass are taken from ballantines law dictionary 3rd edition, bouviers law dictionary 6th edition, blacks law dictionary 2nd edition, and websters 1828 dictionary. The following argument has been used in at least three states pennsylvania, ohio, and west virginia as a legal brief to support a demand for dismissal of charges of driving without a license. Without the power of sale provision listed in the deed of trust, the trustee cannot legally invoke its right to sell the property in question. A writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply.
A contract is an agreement between at least two parties that creates an obligation to do or not to do a particular thing. Case definition is a set of circumstances or conditions. Continuing trespass criminal trespass innocent trespass joint. Lexisnexis concise australian legal dictionarty lexisnexis, 5th ed, 2015 at kl40 b988. In order for these two definitions to apply in this case, the state would have to take up the position that the exercise of a constitutional right to use the public roads in the ordinary course of life and business is illegal, a trespass, or a tort, which the state could then regulate or prevent. This is the name of an action in very general use, which lies where a party sues for damages for any wrong or cause of complaint towhich covenant or trespass will not lie. Trespass was the allinclusive tort but was limited to land trespass it meant, as late as the 14th century, a wrong or a tort.
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