Podcast
Questions and Answers
What element is essential for an action of trespass to land to be successful?
What element is essential for an action of trespass to land to be successful?
- Proof of physical damage caused to the land.
- Intent to cause harm to the landowner.
- Proof of monetary loss suffered by the plaintiff.
- Unlawful entry onto the land in another's possession. (correct)
In trespass to land, the plaintiff must always demonstrate tangible damages to the property to win the case.
In trespass to land, the plaintiff must always demonstrate tangible damages to the property to win the case.
False (B)
Define 'detinue' in the context of trespass to goods.
Define 'detinue' in the context of trespass to goods.
The unlawful retention of goods.
Trespass to land is actionable '______', meaning proof of actual damage is not required.
Trespass to land is actionable '______', meaning proof of actual damage is not required.
Which of the following actions constitutes trespass to goods?
Which of the following actions constitutes trespass to goods?
Trespass to goods can only occur if the goods are physically damaged.
Trespass to goods can only occur if the goods are physically damaged.
What is the key difference between trespass to land and trespass to goods?
What is the key difference between trespass to land and trespass to goods?
Stealing is one type of trespass to goods; another type is __________, which is the unlawful retention of goods.
Stealing is one type of trespass to goods; another type is __________, which is the unlawful retention of goods.
Which of the following is the best description of 'trespass to goods per se'?
Which of the following is the best description of 'trespass to goods per se'?
If someone accidentally walks onto another person's property without causing damage, they cannot be sued for trespass to land.
If someone accidentally walks onto another person's property without causing damage, they cannot be sued for trespass to land.
Explain what is meant by the term 'actionable per se'.
Explain what is meant by the term 'actionable per se'.
Entering someone's property without permission constitutes __________, which is actionable without proving damage.
Entering someone's property without permission constitutes __________, which is actionable without proving damage.
Which activity would be considered trespass to land?
Which activity would be considered trespass to land?
If you borrow a friend's textbook and refuse to return it, you are committing trespass to land.
If you borrow a friend's textbook and refuse to return it, you are committing trespass to land.
Provide an example of conduct that would be considered trespass to goods.
Provide an example of conduct that would be considered trespass to goods.
Interfering with another person’s goods in a direct and unlawful manner constitutes __________.
Interfering with another person’s goods in a direct and unlawful manner constitutes __________.
Which of the following scenarios constitutes 'detinue'?
Which of the following scenarios constitutes 'detinue'?
If someone enters your property but causes absolutely no damage, you cannot sue them for trespass.
If someone enters your property but causes absolutely no damage, you cannot sue them for trespass.
Differentiate between an action for trespass to land and an action for detinue.
Differentiate between an action for trespass to land and an action for detinue.
Damage to another person's goods is considered _______.
Damage to another person's goods is considered _______.
Flashcards
Trespass to Land
Trespass to Land
Entering or remaining on land in another's possession without legal justification.
Trespass to Goods
Trespass to Goods
Direct and unlawful interference with another person's goods.
Detinue
Detinue
Unlawful retention of goods.
Study Notes
- Trespass to land involves entering or remaining on land or premises in another's possession without lawful justification.
- It is actionable 'per se,' meaning a plaintiff doesn't have to show proof of actual damage to succeed.
Trespass to Goods
- Trespass to goods involves direct and unlawful interference with another person’s goods.
- It can consist of trespass to goods per se.
- Stealing or 'Detinue', which is the unlawful retention of goods, is trespass to goods.
- Damage to another person’s goods is trespass.
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