APPRAISAL OF TRESSPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT
ABSTRACT
There is no branch of law which transpires the true picture of the society more than the law of tort. The reason being that it is a branch of law that deals with the conduct of the people amongst themselves. Because of the contact people have with themselves in the environment, there are bound to be fiction which will bring about injuries or wrong whether direct or in indirect and for this reason, the law of tort is put in place to compensate persons harmed by the wrongful conduct of others.
One of the major aspects of tort is Trespass. The term trespass has been used in different senses by Lawyers and laymen but the most acceptable of all is that Trespass is the unlawful interference with one`s person, land, and chattel. The law of trespass seeks to protect or compensate it`s victim and its bases is the prevention of breaches of peace. Trespass can be classified into three types namely; Trespass to Person, Trespass to Land, and Trespass to Chattel.
Trespass to person is any direct and immediate interference with personal liberty which is actionable parse and it comprises of Battery, Assault, and False Imprisonment. Trespass to land is the entering upon another person`s land without permission whether forcible or not. Trespass to land can be by wrongful entry, remaining on land, placing things on land, and trespass above and beneath the surface of land. Trespass to chattel us a direct and wrongful interference in the possession of another. Conversion and Detinue come under trespass to chattel and there is no doubt that there are differences between the two even though they seem similar.
This research work seeks to examine the principles of law applicable to Trespass to person, Trespass to land, and Trespass chattel which form the major classifications of Trespass with a view to enlightening the general public. Moreover, there are cases where a person may seek to justify his actions. Such justifications in law are known as defences. These defences shall be examined in the course of this research work.
NOT THE TOPIC YOU ARE LOOKING FOR?
Once payment is made, kindly send us your project topic, email address and payment name to +234 810 144 4147
Once payment is confirmed, Project materials will be sent to your email
This study will be significant to policy makers on the need to revisit the Gun Control Act in regard to curbing the unnecessary possession of arms by herdsmen without registration or license which makes carrying out of violent crimes easy.
This study will be relevant to the general public. Specifically to policy makers, it will redirect their focus on establishing laws to curb hate crime.
This study will be relevant to the general public. Specifically to policy makers, it will redirect their focus on establishing laws to curb hate crime.
Tobacco use in whatever form has been recognised as a source of illnesses and preventable deaths all over the world for decades. Nigeria arguably has a low smoking prevalence rate in the world, with an estimated of her population smoking. This pales ...
The Constitution of Nigeria clearly ensures the separation of powers as an underlining principle of the Nigerian governmental system. Separation of powers allows typical division of branches of government into a legislature, an executive, and a judi...
Industrial harmony is very important both at the public and private sectors because of the negative impact of disputes in the labour sector. Trade dispute, when it occurs could be a very serious issue especially when it is allowed to degenerate into ...
The contract of employment is a specie of contract, and is Therefore governed by general principles of the law of contract, consensusad item, Being a kind of simple contract, contract of employment must also satisfy the elements of a valid contract. ...
to point out the reasons behind the non enforceability of some judgments and court orders and the way out, and to analyze the procedures for the enforcement of judgments and orders, in the High Court of the Federal Capital Territory, Abuja and challe...
mechanism in addition to litigation so as to restore peace and tranquility among the Muslim Ummah. Katsina State being one of the 36 States of the Federal Republic of Nigeria has inherited the deeply rooted application of Shariah in its judi...
More recently, allegations of the possession of weapons of mass destruction, protection of democracy amongst others have variously been listed as grounds upon which the sovereignty of a state was tempered with. These new issues have no close...
Message Us on WhatsApp »
