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Get Answers to all your Questions
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: Sha Rajah was a cricket stadium in Rampur. Various cricket matches were conducted there. Once A hit a six and the ball went out of the stadium into a construction area adjacent to the stadium. B, an enthusiastic spectator entered the construction place to retrieve the ball. X, the owner of the place, hated cricket and he filed a trespass against B for entering the land. Decide.
The action of B entering the construction place is not a Trespass as his object was a positive one.
The action of B entering the construction place is a Trespass as the requirements for the same are fulfilled.
The action of B is not a Trespass as it falls within the exception of Trespass.
The action of B is not a Trespass as he went there to retrieve the ball which was an absolute necessity.
Answers (1)
In the given case the action of B is a Trespass and all the requirements for the same are being fulfilled. The plaintiff is having a lawful possession and a person entered there unlawfully. Option B is the correct answer. Option A is incorrect as a positive object cannot justify an act of Trespass. Option C is also incorrect as action B does not fall under an exception. Option D is incorrect as it is incorrect to presume the match was being conducted with only ball and retrieving the same was a necessity.
