Types of trespasses and defences for each of the trespasses

Discuss three types of trespasses and Types of trespasses and defences for each of the trespasses

The tort of trespass is divided into the following three trespasses

  • Trespass to person – Relates to any direct interference with the person of another, it includes assault, battery and false imprisonment.
  • Trespass to goods – An action for trespass to goods lies where there is wrongful interference with another person’s goods which are in his possession.
  • Trespass to land – This is committed by a person who intentionally makes entry into the land of another, without the authority of the person in possession of that land, or without law justification.

Defences to the above torts (trespasses)

Trespass to person:

  • Consent – where the plaintiff consents, his claim will be bad. The consent must be real.
  • Self-defence: Trespass to person is justified if it is committed in reasonable defence.

Trespass to land:

  • Necessity – Defence is available where intentional damage is done In order to prevent a greater evil.
  • Prescription – A plea of a new owner who has acquired land prolonged possession against the registered owner’s action to recover land.

Trespass to goods:

  • Retaking of goods.

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