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Trespass to Land and Chattels

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Trespass to Land

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Definition: A direct and intentional or negligent intrusion by one person onto land that is in possession of another. Typically, this intrusion must be without consent. Example: A person climbs over a fence and enters another's property without permission.

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Colour of Right

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Definition: A defense in trespass where the person believed they had the right to enter the land or use the chattel. Example: Entering what someone mistakenly believes is their own property.

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Actual Harm

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Definition: For trespass to chattels, actual harm must often be proven to recover damages. Example: A person scratches another's car while using it without permission, leaving visible damage.

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Continuing Trespass

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Definition: A trespass that is not removed or rectified over a period of time. Example: Leaving personal property on someone else's land for an extended period without consent.

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Trespass to Chattels

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Definition: An intentional interference with a person's use or possession of personal property without consent. Example: Borrowing someone's bicycle without permission and causing damage to it.

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Nominal Damages

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Definition: A small amount of money awarded when a legal wrong has occurred, but there was no substantial loss or injury. Example: Awarding a token sum in a trespass case where there was no real harm done to the property.

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Necessity

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Definition: A defense to trespass that allows for entry onto land or use of chattels in the case of an emergency. Example: Breaking into a car to rescue a person suffering from heatstroke.

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Implied License

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Definition: A permission that is not expressly granted but is implied by actions or circumstances. Example: A mail carrier entering your property to deliver mail.

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Punitive Damages

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Definition: Damages exceeding simple compensation and awarded to punish the defendant. Example: A court orders a trespasser to pay an amount significantly above the value of any damage caused as a deterrent.

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Ejectment

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Definition: A legal action to regain possession of property or to remove a trespasser. Example: A property owner taking legal action to remove squatters from their land.

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