法律英语词汇“trespass”的翻译、意思、用法、释义-法律词典

单词

trespass

释义

trespass

trespass in relation to property, a tort of wrongful interference. Tres- pass de bonis asportatis was the earliest form and consisted in remov- ing or damaging the goods. It is essentially a wrong against posses- sion – it was not necessary that the defendant should have appro- priated the goods. The remedy was not accordingly available where

385

tribunal

the plaintiff had voluntarily given possession of his goods to the defendant. Trespass to goods remains and consists in any wrongful interference with them, e.g. removing a car from a garage (Wilson v. Lombank Ltd [1963] 1 WLR 1294), killing an animal (Sheldrick v. Abery (1793) 1 Esp. 55) or has been held recently, wheel-clamping a motor car (Vine v. Waltham Forest CBC [2000] TCR 288). The rise of negli- gence has caused it to be doubted whether, at least in unintentional cases, there is any need to prove damage (Letang v. Cooper [1965] 1 QB 232), and, because it has been held that in cases of unintentional trespass to the person, negligence must be proved, it might well be the case that the same will be held to apply in relation to trespass to goods: see Fowler v. Lanning [1959] 1 QB 426. However, if the act is intentional towards the goods, then that is sufficient even if the defendant is mistaken. The plaintiff must be in possession at the time of the alleged interference.

In relation to the person, it is the tort of touching another person's

body or invading his land. In Scotland it is not recognised in any form other than in discussion of temporary intrusion on heritage and even then in a non-technical sense. It is not, in Scotland, a ground of action unless damage is done, although it may be restrained by INTERDICT. The Trespass (Scotland) Act 1865 (as amended) applies to Scotland, so it is of technical importance in that respect, creating a criminal offence in some special examples of intrusion upon proper- ty. In the UK some terms of trespass have been criminalised. See COL- LECTIVE TRESPASS.

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