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trespass

Last modified: Thu Feb 23 16:37:38 2006

Any interference with the rights of another person. Historically the distinction between trespass and an ActionOnTheCase was determined by whether the interference was direct or indirect. The defendant's motive was not usually at issue (see: BaselyVClarkson1681, for example). see: LetangVCooper1964 confirms that the modern approach is to distinuish trespass from negligence by the motive of the defendant. As a general principle, trespass is actionable without proof of damage, which distinguishes it from Nuisance.

See: TrespassToThePerson TrespassToGoods TrespassToLand

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