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  • Read the given passage and answer the questions. Trespass to land or unauthorised entry involves situations where a person acts in an intentional or negligent way that ca

Read the given passage and answer the questions.

Trespass to land or unauthorised entry involves situations where a person acts in an intentional or negligent way that causes an unauthorised interference with another person’s possession of land. There are various elements that must be considered in case of Trespass. There are given here- The plaintiff must have lawful possession of the land at the time of the interference, and that possession must be exclusive. For example, a land owner who has leased their property, and so, is out of possession, may not bring an action in trespass. There must have been a direct interference with the land by the defendant without lawful authorisation. Any form of unauthorised entry, however slight, is trespass, whether express or implied. A person who enters land outside of the terms of a licence will be a trespasser. There must have been a fault by the defendant. In essence, the interference must have been a voluntary act of the defendant without the consent or authorisation of the plaintiff in possession of the land. There are certain defences to Trespass. They are- Necessity: There may be a defence to trespass if the inference occurred in circumstances where the interference was necessary, but consent could not reasonably be obtained. The defendant must show that there was an apparent imminent danger to the person or property and that the defendant honestly believed on reasonable grounds that the act was necessary to preserve the person or property. Consent- A defendant may be able to establish a defence to trespass if the interference occurred with the plaintiff’s consent. Consent can either be expressed or implied by conduct; however, it must be genuine and voluntary. The onus is on the defendant to establish that they entered the land with the plaintiff’s consent. A defendant may be able to establish a defence to trespass if the interference occurred with the plaintiff’s consent. Consent can either be expressed or implied by conduct; however, it must be genuine and voluntary. The onus is on the defendant to establish that they entered the land with the plaintiff’s consent.

Question: R was standing near a highway. A car which was speeding rammed into an electric pole and catapulted. Miraculously there were no injuries to anyone. However, one of the parts of the car flew into neighbouring B’s property and hit C. C fell over into D’s property. Now D is filing a trespass case against C. Decide.

Option: 1

C shall be held liable for trespass.


Option: 2

C shall not be held liable for trespass.


Option: 3

C shall not be held liable for trespass as the requirements of Trespass are not fulfilled.

 


Option: 4

Both (b) and (c) 

 


Answers (1)

best_answer

It is given in the passage that in order for establishing a tort of trespass, there to have been a fault by the defendant. In essence, the interference must have been a voluntary act of the defendant without the consent or authorisation of the plaintiff in possession of the land. In the given case there was no fault of the defendant and hence the requirements are not fulfilled. 

 

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