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10 Trespass
10 Trespass
CONSUMER
PROTECTION ACT
Trespass
INTRODUCTION
Torts affecting immovable property arise either by
disturbance or usurpation of the right to hold or
possess it,
2. By remaining there or
It must be peaceable,
Prescription
TORTS RELATING TO
MOVABLE PROPERTY
Torts affecting movable property are:
Trespass to goods,
Trespass ab initio,
Detention or detinue,
Conversion or trover.
A. TRESPASS TO GOODS
Technically, trespass to goods is known as trespass de
bonis asportatis.
possession of them, or
Some military men, who found some fire wood lying by the
side of the river, took away the wood under the impression
that it belonged to the Government. The wood was used for
campfire and fuel.
The plaintiff who was the real owner of the woods brought a
suit against the Union of India for the tort of conversion by its
servants.
It was held that the fact that the Union of India was liable to
compensate the plaintiff for the loss.
MODES OF CONVERSION
1. When the property is wrongfully taken possession of
Recaption
The plaintiff took shares on the faith of this statement. The board
of trade refused their consent to use steam power and the
company was wound up.
The defendant sold a gun to the father of the plaintiff for the
use of himself and his sons, representing that the gun was
made by a well known maker and safe to us, the son used
the gun which exploded injuring his hand. It was held that
the defendant was liable to the son, not on his warranty for
there was contract between them, but for deceit.
4. Damage by acting on the statement
3. That the statement was made mala fide and was malicious.
2. Damages
3. an account of profits.
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