APPRAISAL OF TRESPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT
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 Trespassing. The term trespassing has been used in different senses by Lawyers and laymen but the most acceptable of all is that Trespassing is the unlawful interference with one`s person, land, and chattel. The law of trespassing 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; Trespassing to Person, Trespassing to Land, and Trespass to Chattel.
Trespassing to person is any direct and immediate interference with personal liberty which is actionable parse and it comprises of Battery, Assault, and False Imprisonment. Trespassing to land is the entering upon another person`s land without permission whether forcible or not. Trespassing to land can be by wrongful entry, remaining on land, placing things on land, and trespassing above and beneath the surface of land. Trespassing to chattel us a direct and wrongful interference in the possession of another. Conversion and Detinue come under trespassing 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 Trespassing 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 CONTENTS
TABLE OF CASES
TABLE OF STATUTES
INTERVIEWS AND PERSONAL COMMUNICATION
LIST OF ABBREVIATIONS
1.1.0: BACKGROUND TO THE STUDY
1.2.0: OBJECTIVES OF STUDY
1.3.0: FOCUS OF STUDY
1.4.0: SCOPE OF STUDY
1.6.0: LITERATURE REVIEW
1.7.0: DEFINITION OF TERMS
TRESPASS TO PERSON
2.3.0: FALSE IMPRISONMENT
2.4.0: DEFENCE OF PERSON OR PROPERTY
2.4.1: DEFENCE OF CONSENT
2.4.2: DEFENCE OF LAWFUL ARREST
TRESPASS TO LAND
3.1.0: TRESPASS BY WRONGFUL ENTRY
3.2.0: TRESPASS BY REMAINING ON LAND
3.3.0: TRESPASS BY PLACING THINGS ON LAND
3.4.0: TRESPASS ABOVE AND BENEATH THE SURFACE OF LAND
3.5.0: INTERFERENCE WITH POSSESSION
3.6.0: DOES SELF-HELP CONSTITUTE A VALID DEFENCE?
3.7.0: DEFENCE OF LICENCE
3.7.1: DEFENCE OF JUSTIFICATION
TRESPASS TO CHATTEL
4.1.0: TRESPASS ACTIONABLE PERSE
4.2.1: CONVERSION BY TAKING
4.2.2: CONVERSION BY USING
4.2.3: CONVERSION BY WRONGFUL TRANSFER OF TITLE
4.2.4: CONVERSION BY DETENTION