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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.
  • a)
    Raghu is not liable in view of the clear notice.
  • b)
    Raghu is liable, as he allowed the users to use this premise.
  • c)
    Raghu is not liable to people other than his customers.
  • d)
    Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the following question.Trespa...
This is the correct option for the given question.
According to passage and question The law of trespass is essentially segregated into two halves i.e. the tort for criminal trespass which essentially forms assault and battery.
Therefore, the correct answer is Raghu is liable since he impliedly invited there to use his farm by not blocking the short-cut completely.
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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. P has a pet dog Zambo. It has a tendency to go to Q's land which is adjacent to P′sP's. Despite knowing this P never chained Zambo and it always was let free. One day Zambo entered into the land of Q and attacked his pet kitten which died eventually. Q sued P.

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.

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.

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.

The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?

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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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. 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. 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.a)Raghu is not liable in view of the clear notice.b)Raghu is liable, as he allowed the users to use this premise.c)Raghu is not liable to people other than his customers.d)Raghu is liable since he impliedly invited to use his farm by not blocking the short cut completely.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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