The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (April 2011) |
Part of the common law series |
Tort law |
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(Outline) |
Trespass to the person |
Property torts |
Dignitary torts |
Negligent torts |
Principles of negligence |
Strict and absolute liability |
Nuisance |
Economic torts |
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Defences |
Liability |
Remedies |
Other topics in tort law |
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By jurisdiction |
Other common law areas |
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.[1] Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";[2] battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it";[2] and false imprisonment, the "unlawful obstruction or deprivation of freedom from restraint of movement".[3]
Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass.[4][5] Since CompuServe Inc. v. Cyber Promotions, Inc.,[6] various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.[7][8][9][10]
Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property".[11][12] Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "At common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.[13]
Trespass has also been treated as a common law offense in some countries.