Distinction between Trespass and Conversion (1) Trespass is essentially a wrong to the actual possessor and therefore cannot be committed by a person in possession. Conversion, on the other hand, is a wrong to the person entitled to immediate possession.…
Conversion Conversion (also called `Troyer’) consists in wilfully and without any justification dealing with goods in such a manner that another person, who is entitled to immediate use and possession of the same, is deprived of them. It is dealing…
[3] Trespass to Goods Trespass to goods is wrongful direct physical interference with the possession of them, viz throwing stones on car, shooting birds, beating animals, removing or injuring or destroying goods, infecting the animals with disease or chasing animals…
[2] Trespass to Land Trespass to land means “interference with the possession of land without justification.” To constitute the wrong of trespass neither force, nor unlawful intention, nor actual damage is necessary. “Every invasion of a private property, be it…
TRESPASS Trespass, in its widest sense, signifies any transgression or offence against the law of nature, of society, or of the country, whether relating to a man’s person or to his property. The principle of ‘trespass’ was that any direct…
Kinds of Nuisance Nuisance is of two kinds: Public or common nuisance and Private nuisance. Public nuisance is a crime (Sec. 268, IPC) whereas private nuisance is a tort or civil wrong. Public Nuisance A public nuisance can be defined…
NUISANCE Nuisance as a tort means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it. Acts interfering with comfort, health or safety are the examples of it. The interference…
Deceit Deceit is a false statement of fact made by A, knowingly or recklessly, with intent that it shall be acted upon by B, who does act upon it and, thereby, suffers damage (Winfeild). In Peasley v. Freeman: The principle…
CONSPIRACY When two or more persons without lawful justification combine for the purpose of willfully causing damage to the plaintiff, and actual damage results therefrom, they commit the tort of conspiracy. It may consist in the agreement of two or…
Defences to Defamation (1) Justification or Truth In a civil action for defamation truth of the defamatory matter is complete defence (under criminal law, besides being true the imputation must be shown to have been made for public good). The…