Tress Pass, Negligence, Nuisance and Defamation

Tress Pass

A disturbance caused to another person's land without intention and without lawful justification.

- Animals can also tress pass

- Land as well as goods

Exception:

1. Mistake of fact

2. Necessity

3. Authority of law

4. Self Defense

5. Prescriptive Right - Right over that land on paper

6. Re-entry of land - Owner also sold his land can re-enter on it.

Tress pass - Person - Assault - Battery - False imprisonment

Tress Pass - Property / Land

Tress Pass - Good

1A Assault - Gesture / Preparation to attack

1B Battery - Touching another person against his will

1C False Imprisonment - Detaining a person without lawful justification

Remedies:-

(a) Habeas Corpus

(b) Claim Damages

Wrongful Confinement

- Complete Restraint

Wrongful Restraintment

- Partial Restraint

2. Tress pass to land

Interference with possession of land without lawful justification

Entering the land - Remaining - Doing an act of affecting possession of plaintiff

Person with possession can sue even without ownership

Peera Vs Vandiyar

Going beyond the purpose with which he has entered = tress pass

- Court can give you re entry

Remedies

(a) Re-entry

(b) Action for ejectment

(d) Seijure ejectment

(e) Distress damage reason

Tress pass by animal / person - You can get animal siezed till you get compensation.

3. Tress pass to goods

Physical interference with goods of Plaintiff without lawful justification

Negligence

"Negligence is the breach of duty caused by omission to do something which a reasonable man would do"

- Jacob Mathew Vs State of Punjab, 2005

State of mind - Negligence - Conduct

Essentials of Negligence

1. Defendant owed a duty of care towards Plaintiff

2. Defendant made breach of duty - MCD vs Subhag Vant

3. Plaintiff suffered damage

Reasonable foreseeable future

If injury to the Plaintiff is not foreseeable then the defendant is not liable.

Types of Negligence

1. Professional

2. Contributory - 2 or more not at fault. Equally responsible.

3. Composite - By 2 or more persons.

3. Nuisance

Unlawful interference with one person's use or enjoyment of his land or some right over or in connection with it

Crime + Tort

Nuisance

Consequential

Enjoyment disturbance

Intangible

Tress Pass

Direct

Possession disturbance

Tangible

Nuisance

Public

- Also called common nuisance

- Crime

- Public Property affected

Private

- Also called Tort of Nuisance

- Tort

- Private things affected

Defenses in case of Nuisance

1. Statutory Law

2. Prescriptive Rights

3. Private Defense

4. Defamation

1. Libel

- Permanent form of defamation

- Writings from news paper etc

2. Slander

- Defamatory Statement

- Transitory Form, Tweet etc...

Essentials of Defamation

i. Statement should be defamatory

ii. Referred to Plaintiff

iii. Published

iv. Expressed to another person

Defenses

1. Fair comment in public interest

2. Privilege

- Husband and Wife

- Parliament

- Judicial

- Duty

3. Truth

Malicious Prosecution

Causing a Judicial Proceeding when you know some one is not guilty