Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer?

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Directions: Read the passage and answer the following question.

Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.

Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.

Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.

The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.

Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.

a)
J and his son is liable for trespass.
b)
J is not liable for trespass as he is the owner of the land.
c)
Only son of J is liable for trespass.
d)
J and his son is liable for nuisance.

Correct answer is option 'C'. Can you explain this answer?

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Directions: Read the passage and answer the following question.Trespa...

This is the correct option for the given question.

According to the condition given in the question, Since son of S is trespassing the leased land and disturbing the owner of leased land and his daughter. This act is intentional. Hence, son of J is liable to trespass.

Therefore, the correct answer is J is liable to trespass.

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Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. Zandu and Kandu has adjacent lands separated by a brick wall. Zandu erects up a tree which leads to growing of branches and boughs and roots onto the land of Kandu. Kandu has repeatedly told Zandu to chop off the tree as it was causing disturbance to him. Atlast Kandu filed a suit in court.

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Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore, the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. The Greater Mumbai Municipal Corporation is constructing a road and to support such infrastructure had erected buttresses on the land of Timir Sharma and had not removed them. Timir filed a suit against the authorities in the court after 6 months of the completion of the construction work.

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Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. The occupier of a premise owes a duty of care to all his invitees and visitors.Raghu was running a poultry farm in his house. A part of his farm was used by the people as a shortcut to get into the nearby railways station. Raghu never liked it and put a board that "All trespassers will be prosecuted" But he tolerated other, because quite a few of there patronized his business. One day, a person, who was crossing the farms to get to railway station, was attacked y a bull belonging to the farm. The injured person filed a suit against Raghu.

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Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer?

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Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer?.

Solutions for Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the following question.Trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441 But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in 'mens rea' is a part.Under English Common Law the maxim that is used for trespass is 'trespass quare clausam fregit' which means "because he (the defendant) broke or entered into the close". The tort of trespass requires essentially only the possession of land by the plaintiff and encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. But trespass is encroachment upon property whereas nuisance is interference upon another's right to enjoy his property.Also if a person enters upon another's land and stays on it, the act is connoted as continuing trespass. Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and moreover violate his right of ordinary use of his land.The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff an action in trespass may be instituted.Q. J leased out a property to S and the lease agreement contained clauses that in case the lessor enters the land and disturbs S to enjoy the property during the tenure,he will be liable for damages.Son of J continually entered into the land because he was in love with daughter of S and disturbed her continuously. S filed a suit in court.a)J and his son is liable for trespass.b)J is not liable for trespass as he is the owner of the land.c)Only son of J is liable for trespass.d)J and his son is liable for nuisance.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.

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