Trespass

**Trespass to the Person**:
– Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and false imprisonment.
– Most jurisdictions recognize three trespasses to the person: assault, battery, and false imprisonment.
– Assault can be a crime and a tort in common law jurisdictions.
– Battery is any intentional and unpermitted contact with the plaintiff’s person.
– False imprisonment is the unlawful obstruction or deprivation of freedom from restraint of movement.
– Child correction and corporal punishment of children may be considered defenses in some jurisdictions.
– Self-defense is a valid defense against trespasses.
– Consent plays a crucial role in determining liability for battery.

**Trespass to Chattels**:
– Trespass to chattel does not require a showing of damages.
– It includes intentional interference with personal property.
– Lack of consent, actual harm, and intentionality are key elements.
– Remedies include damages, liability for conversion, and injunction.

**Trespass to Land**:
– Trespass to land is the tort most commonly associated with the term ‘trespass.’
– Trespass to land involves wrongful interference with possessory rights in real property.
– Harm is not necessary to bring a claim, and it is actionable per se.
– Subsoil, airspace, and anything permanently attached to land are included.
– Defenses to trespass include license, justification by law, necessity, and jus tertii.

**Modern Applications and Interference**:
– Trespass to chattels has expanded to cover intangible property.
– Trespass can occur when using another’s surface to mine minerals beneath it.
– Trespass requires direct and physical interference with land.
– Public highway rights have been broadened in some jurisdictions.

**Legal Precedents and Publications**:
– Legal publications provide insights into tort law and specific cases.
– Landmark court cases like eBay v. Bidders Edge have set precedents.
– Various legal precedents and cases, such as Schanafelt v. Seaboard Finance Co., establish principles in trespass laws.