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Laws Affecting Property: Trespass to Land, Trespass Ab Initio, and Trespass to Goods, Slides of Law of Torts

An overview of three types of laws that can affect property: trespass to land, trespass ab initio, and trespass to goods. Trespass to land refers to the intentional and unreasonable invasion of another's possession of land without lawful justification. Trespass ab initio occurs when a person enters a premises under legal authority and then abuses that authority. Trespass to goods involves unlawfully and intentionally disturbing another's possession of goods. Each type of trespass has specific essential elements that must be met for a claim to be valid.

What you will learn

  • What is trespass ab initio and what are the conditions for it to occur?
  • What is trespass to goods and what are its essential elements?
  • What is trespass to land and what are its essential elements?

Typology: Slides

2020/2021

Uploaded on 10/27/2021

nisha-patil
nisha-patil 🇮🇳

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LAW AFFECTING
PROPERTY
BY NISHA SUNIL PATIL
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Download Laws Affecting Property: Trespass to Land, Trespass Ab Initio, and Trespass to Goods and more Slides Law of Torts in PDF only on Docsity!

LAW AFFECTING

PROPERTY

BY NISHA SUNIL PATIL

TYPES OF LAW AFFECTING PROPERTYTrespass to landTrespass ab initioTrespass to goods

TRESPASS AB INITIO  (^) Meaning:: When a person enters a premises under the authority and later on abuses that authority by doing some wrongful act in such cases he will be considered trespasser ab initio which means trespasser from the very beginning.  (^) Conditions constituting trespass ab initio are::  (^) The authority abused must be an authority granted by law and not by an individual.

  1. There must be some positive act of misconduct, and not a mere omission or neglect of duty.

TRESPASS TO GOODS  (^) Meaning:: Pollock: “Trespass to goods may be committed by taking possession of them or by any other act in itself immediately injurious to the goods in respect of the possessor’s interest as by killing, beating or chasing animals, or defacing a work of art”.  (^) Essential elements for trespass of goods

  1. At time of tresspass ,the goods should be in the possession of Person..
  2. The person should Unlawfully and intentionally disturb the possession of goods.
  3. Jus tertii—the right of possession outstanding in some third person-as against the fact of possession in the plaintiff.