 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (April 2011) |
| Part of the common law series |
| Tort law |
|---|
| (Outline) |
| Trespass to the person |
| Property torts |
| Dignitary torts |
| Negligent torts |
| Principles of negligence |
| Strict and absolute liability |
| Nuisance |
| Economic torts |
|
| Defences |
| Liability |
| Remedies |
| Other topics in tort law |
|
| By jurisdiction |
| Other common law areas |
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.[1] Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";[2] battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it";[2] and false imprisonment, the "unlawful obstruction or deprivation of freedom from restraint of movement".[3]
Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass.[4][5] Since CompuServe Inc. v. Cyber Promotions, Inc.,[6] various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.[7][8][9][10]
Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property".[11][12] Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "At common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.[13]
Trespass has also been treated as a common law offense in some countries.
- ^ Underhill and Pease, p. 250
- ^ a b Johnson v. Glick, 481 F.2d 1028, 1033 (2nd Cir. 1973)
- ^ Broughton v. New York, 37 N.Y.2d 451, 456–7
- ^ Thrifty-Tel, at 1567
- ^ Restatement (Second) of Torts § 217(b)
- ^ 962 F. Supp. 1015 (S.D.Ohio 1997)
- ^ America Online, Inc., v. LCGM, Inc., 46 F. Supp.2d 444 (E.D.Vir. 1998)
- ^ America Online, Inc. v. IMS, 24 F. Supp.2d 548 (E.D.Vir. 1998)
- ^ eBay, Inc., v. Bidder's Edge, Inc., 100 F. Supp.2d 1058 (N.D.Cal. 2000)
- ^ Register.com, Inc., v. Verio, Inc., 126 F. Supp.2d 238 (S.D.N.Y. 2000)
- ^ Robert's River Rides v. Steamboat Dev., 520 N.W.2d 294, 301 (Iowa 1994)
- ^ Sacharoff, Laurent (Jan 2016). "Trespass and Deception". Brigham Young University Law Review. 2015: 359–412.
- ^ Loe et ux. v. Lenhard et al., 362 P.2d 312 (Or. 1961)