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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: A war was going on between country A and country B. King acted in the ground response team of country B. King felt that Ray’s house was in the direct line of the shelling zone. He thus entered the property, evacuated them and made necessary arrangements. However, the shelling did not take place at that place. After the war, Ray files a complaint against King for Trespass. Decide.

Option: 1

King trespassed into the property of Ray unlawfully and hence was held liable.


Option: 2

King may or may not be held liable as it is wartime.

 


Option: 3

King shall not be held liable as his act does not amount to trespass.


Option: 4

King being a part of the military can do anything at the time of war.


Answers (1)

best_answer

One of the exceptions to Trespass is necessity. In the said case, there was a necessity and King, believing it in all honesty, tried rescuing Ray and his family from shelling. Hence option C shall be the correct answer. Option a) is incorrect as King’s interference was not unlawful.

 

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