trespass(redirected from Common-Law Form of Action)
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trespass,in law, any physical injury to the person or to propertyproperty,
rights to the enjoyment of things of economic value, whether the enjoyment is exclusive or shared, present or prospective. The rightful possession of such rights is called ownership.
..... Click the link for more information. . In English common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
..... Click the link for more information. the action of trespass first developed (13th cent.) to afford a remedy for injuries to property. The two early forms were trespass quare clausum fregit, used in instances of breaking into real property, and trespass de bonis asportatis, used when personal property was removed without consent. To sue for trespass the plaintiff must have had possession of the property. Although the offense of trespass required the use of force, the courts quickly decided that the mere act of breaking in or of taking goods was in itself forceful. Trespass in time was applied to injuries to the person involving force, such as assaultassault,
in law, an attempt or threat, going beyond mere words, to use violence, with the intent and the apparent ability to do harm to another. If violent contact actually occurs, the offense of battery has been committed; modern criminal statutes often combine assault and
..... Click the link for more information. , batterybattery,
in criminal and tort law, the unpermitted touching of any part of the person of another, or of anything worn, carried by, or intimately associated at that moment (as a chair being sat on) with another.
..... Click the link for more information. , and unlawful imprisonment. Out of the law of trespass developed many of the tortstort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
..... Click the link for more information. that are now commonly recognized. In present-day usage the term trespass is usually applied only to unlawful entry into private property. If a trespasser refuses a request to leave the premises, he may be removed by force.
a. any unlawful act committed with force or violence, actual or implied, which causes injury to another person, his property, or his rights
b. a wrongful entry upon another's land
c. an action to recover damages for such injury or wrongful entry