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4 Cards in this Set

  • Front
  • Back
Trespass to Land
1) Intent
2) to enter the land
3) in possession of another.
Trespass to Land occurs when:
a) entering yourself
b) causing thing to enter
c) causing another to enter
d) remaining on the land
e) failing to remove a thing from the land.
Distinction between Trespass and Nuisance:
Trespass is an invasion of the plaintiffs interest in the exclusive possession of his land.
Nuisance is an interference with his use and enjoyment of it.
Damages
-When physical harm is inflicted, the defendant is liable for damages measured either by the cost of repairing damage or by the diminution in the value of the premises resulting from tort, depending on the circumstances.
- Liable for damages even if no physical or economic harm is done.
- Liable for damages inflicted even if he never intended harm and could not foresee it.