Trespass to Goods By Assistant Professor Shri Shivaji
Trespass to Goods By Assistant Professor Shri Shivaji Law College, Parbhani, Maharashtra contact: waseemikhan 03@gmail. com
Introduction O The tort of trespass to goods takes place wherever there O O O has been an actual taking of a direct and immediate damage to another persons goods. An action for trespass to goods shall also lie for taking or injuring domiciled or tame animals. Throwing stone on the car. Shooting birds. Beating animals. Chasing animals to make them run away from their owners possession. Removing of tire, giving poisoned meet.
Essentials of Trespass to Goods 1. It is a wrong against possession. O Any person whose possession of goods is directly interfered with, can bring this action. O But when owner has given up his possession i. e. by pledging the goods or giving them to another under hire & purchase agreement such right cannot be exercised. O Trespass being a wrong against possession rather then ownership. Armory v. Delamire O Sweeper boy found jewelry had given it to jeweler to be valued.
Essentials of Trespass to Goods 2. Direct Interference. O Direct physical interference without lawful justification is a trespass. 3. Without Lawful Justification. O When the interference is without any lawful justification an action for trespass lies. O E. g. damage to goods is caused in exercise of right of private defense.
Who can sue for Trespass to Goods 1. Owner & in possession of goods. 2. No Owner nut in possession of goods. 3. Finder of an article. 4. Joint owner.
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