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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



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


(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



(a) Re-entry

(b) Action for ejectment

(c) Action for mense profits

(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 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



Enjoyment disturbance


Tress Pass


Possession disturbance





- Also called common nuisance

- Crime

- Public Property affected



- 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



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


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