School project topic APPRAISAL OF TRESPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT « School Project Topics

APPRAISAL OF TRESPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT

ABSTRACT

There is no branch of law which transpires the true picture of the society more than the law of tort. The reason being that it is a branch of law that deals with the conduct of the people amongst themselves. Because of the contact people have with themselves in the environment, there are bound to be fiction which will bring about injuries or wrong whether direct or in indirect and for this reason, the law of tort is put in place to compensate persons harmed by the wrongful conduct of others.

One of the major aspects of tort is Trespass. The term trespass has been used in different senses by Lawyers and laymen but the most acceptable of all is that Trespass is the unlawful interference with one`s person, land, and chattel. The law of trespass seeks to protect or compensate it`s victim and its bases is the prevention of breaches of peace. Trespass can be classified into three types namely; Trespass to Person, Trespass to Land, and Trespass to Chattel.

Trespass to person is any direct and immediate interference with personal liberty which is actionable parse and it comprises of Battery, Assault, and False Imprisonment. Trespass to land is the entering upon another person`s land without permission whether forcible or not. Trespass to land can be by wrongful entry, remaining on land, placing things on land, and trespass above and beneath the surface of land. Trespass to chattel us a direct and wrongful interference in the possession of another. Conversion and Detinue come under trespass to chattel and there is no doubt that there are differences between the two even though they seem similar.

This research work seeks to examine the principles of law applicable to Trespass to person, Trespass to land, and Trespass chattel which form the major classifications of Trespass with a view to enlightening the general public. Moreover, there are cases where a person may seek to justify his actions. Such justifications in law are known as defences. These defences shall be examined in the course of this research work.

TABLE OF CONTENT

COVER PAGE i

CERTIFICATION PAGE ii

ABSTRACT iii

TABLE OF CONTENTS iv

DEDICATION viii

ACKNOWLEDGEMENT ix

TABLE OF CASES x

TABLE OF STATUTES xiii

INTERVIEWS AND PERSONAL COMMUNICATION xiv

LIST OF ABBREVIATIONS xv

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION 1

1.1.0: BACKGROUND TO THE STUDY 3

1.2.0: OBJECTIVES OF STUDY 4

1.3.0: FOCUS OF STUDY 5

1.4.0: SCOPE OF STUDY 5

1.5.0: METHODOLOGY 5

1.6.0: LITERATURE REVIEW 5

1.7.0: DEFINITION OF TERMS 8

1.8.0: CONCLUSION 10

CHAPTER 2

TRESPASS TO PERSON

2.0.0: INTRODUCTION 11

2.1.0: BATTERY 12

2.2.0: ASSAULT 16

2.3.0: FALSE IMPRISONMENT 19

2.4.0: DEFENCE OF PERSON OR PROPERTY 23

2.4.1: DEFENCE OF CONSENT 24

4

2.4.2: DEFENCE OF LAWFUL ARREST 25

2.5.0: CONCLUSION 28

CHAPTER 3

TRESPASS TO LAND

3.0.0: INTRODUCTION 30

3.1.0: TRESPASS BY WRONGFUL ENTRY 34

3.2.0: TRESPASS BY REMAINING ON LAND 35

3.3.0: TRESPASS BY PLACING THINGS ON LAND 37

3.4.0: TRESPASS ABOVE AND BENEATH THE SURFACE OF LAND 37

3.5.0: INTERFERENCE WITH POSSESSION 39

3.6.0: DOES SELF-HELP CONSTITUTE A VALID DEFENCE? 40

3.7.0: DEFENCE OF LICENCE 42

3.7.1: DEFENCE OF JUSTIFICATION 43

3.8.0: CONCLUSION 44

CHAPTER 4

TRESPASS TO CHATTEL

4.0.0: INTRODUCTION 45

4.1.0: TRESPASS ACTIONABLE PERSE 46

4.2.0: CONVERSION 47

4.2.1: CONVERSION BY TAKING 49

4.2.2: CONVERSION BY USING 52

4.2.3: CONVERSION BY WRONGFUL TRANSFER OF TITLE 52

4.2.4: CONVERSION BY DETENTION 54

4.3.0: DETINUE 55

4.4.0: DEFENCE 57

4.5.0: CONCLUSION 58

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION 59

5.1.0: RECOMMENDATION 61

5

BIBLIOGRAPHY 64

ARTICLES ON THE INTERNET 64

BOOKS 64

CHAPTERS IN BOOKS 64

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