Tort Law: Farmer vs. Pilot

Topics: Tort, Tort law, Common law Pages: 3 (518 words) Published: December 17, 2014
‘TORTS – Essay One’
Student ID - 250755

November 14, 2014

FARMER v. PILOT

TRESPASS

Trespass is defined by the act of knowingly entering another person’s property without permission. Such action is held to infringe upon a property owner’s legal right to enjoy the benefits of ownership. Trespass comes in two forms: trespass to land, and trespass to chattel. In either case, trespass means using the property without permission of the owner.

Trespass to chattel is an intentional interference with a plaintiff's right of possession to personal property. This may occur if a defendant damages the property or deprives the plaintiff of possession of the property.

Under Tort Law, a property owner may bring a civil law suit against a trespasser in order to recover damages or receive compensatory relief for injury suffered as a direct result of a trespass. In a tort action, the plaintiff must prove that the offender had, but knowingly violated, a legal duty to respect another person’s right to property, which resulted in direct injury or loss to the plaintiff.  The elements of trespass to real property are: possession by the plaintiff at the time of trespass;

unauthorized entry by the defendant; and
damage to the plaintiff from the trespass
In the case at hand Farmer will have a claim of trespass to land and trespass to chattel against Pilot as intentional torts against the Farmer because Pilot has apparently fulfilled the requirements of commission of the intentional torts stated.

‘TORTS – Essay One’
Student ID - 250755

November 14, 2014

DAN v. PILOT

BATTERY

In both criminal and civil law, "battery" is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (no consent). An individual commits a battery if he/she acts intentionally either to cause a harmful or offensive contact or to cause imminent apprehension of such a contact and a...
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