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Trespassers in area of criminal 
law or tort law broadly divided 

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into three groups, trespass. 
To the person trespass to 

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chattels and Tres pistol and 
trespass to the person. 

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Historically involved, six, 
separate Tres assist threats, 

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assault, battery wounding Mayhem
or maiming and false 

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imprisonment through the 
evolution of the common law in 

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various jurisdictions and the 
codification of common law. 

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Torts most jurisdictions now, 
broadly Size 3, Tresses to the 

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person assault, which is any Act
of such a nature is to excite an

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apprehension of battery. 
battery, which is any 

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intentional and unpermitted 
contact with the plaintiffs 

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person, or anything attached to 
it and practically identified 

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with it and false imprisonment, 
which is the unlawful 

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obstruction are deprivation of 
freedom from Restraint of 

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movement, one can retrieve 
wounded or expired game from 

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neighboring, properties, and 
boundaries, even if the 

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neighbouring landowner does not 
give permission, as long as 

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there are no weapons in 
possession, while retrieving 

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game, causing injury, Tres best 
digital does not require a 

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showing of Damages. 
Simply the inter meddling with 

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other use of the personal 
property of another gives cause 

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of action for trespass. 
Since CompuServe Inc, Vite, 

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cyber promotions Inc, various 
courts have applied, the 

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principles of trespass to 
chattel to resolve cases 

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involving unsolicited, bulk 
email, and unauthorized server, 

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usage. 
Trespass to land is today. 

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The tort most commonly 
associated with the term 

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trespass. 
It takes the form of wrongful 

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interference, with one's 
possessory rights in Real 

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Property. 
Assault under the statutes of 

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various common law jurisdictions
assault Has both a crime and a 

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tort generally a person commits 
criminal assault. 

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If he purposely knowingly or 
recklessly inflicts bodily, 

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injury upon another, if he 
negligently inflicts bodily 

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injury upon another by means of 
dangerous weapon, or if their 

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physical Menace, he places 
another in fear of imminent, 

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serious bodily injury, a person 
commits tortious assault. 

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When he engages in any Act of 
such a nature as to excite an 

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apprehension of battery bodily 
injury in some jurisdictions 

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there. 
No requirement that actual 

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physical violence, result. 
Simply the threat of unwanted 

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touching of the victim. 
Suffice has to sustain an 

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assault claim. 
Consequently in RV. 

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Konstanz at the court found is 
stalkers threats. 

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Could constitute a salt, 
similarly silence, given certain

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conditions May constitute an 
assault as well. 

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However, in other jurisdictions,
simple threats are insufficient.

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They must be accompanied by an 
action or condition to trigger a

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cause of action. 
Incongruity of a defendant's 

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language in action or of a 
plaintiff's perception, and 

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reality may vitiated an assault 
claim in tuberville V. 

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Savage the defendant reached for
his sword and told the plaintiff

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that if it were not a size time,
I would not take such language 

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from you in its American 
counterpart. 

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Commonwealth V are the defendant
shouted. 

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If it were not for your gray 
hairs, I would tear your heart 

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out. 
In both cases the courts held 

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that despite a threatening 
gesture, the plaintiffs were not

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an immediate Idiot Danger. 
The actions must give the 

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plaintiff a reasonable 
expectation. 

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That the defendant is going to 
use violence a fist raised. 

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Before the plaintiff May suffice
the same fist raised behind the 

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window of a police cruiser, will
not battery. 

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Battery is any intentional and 
unpermitted contact with the 

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plaintiffs person or anything 
attached to it and practically 

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identified with it. 
The elements of battery common 

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law vary by jurisdiction in the 
United States, the American law 

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Institute is restatement of 
torts provides A general rule to

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determine liability for battery.
An act which directly or 

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indirectly is the legal cause of
a harmful contact with 

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another's. 
Person makes the actor liable to

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the other. 
If the ACT is done with the 

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intention of bringing about a 
harmful or offensive contact or 

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an apprehension thereof to the 
other or a third person and be 

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contact is not consented to by 
the other or the others consent.

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There to Is procured by fraud or
duress and see the contact as 

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not otherwise privileged battery
towards under. 

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Wealth precedent or subjected a 
four-point test to determine 

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liability. 
Directness, is the sequence of 

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events, connecting initial 
conduct and the harmful contact 

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and unbroken series. 
Intentional Act was the harmful 

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contact. 
The conscious object of the 

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defendant did the defendant 
intends to cause the resulting 

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harm though. 
The necessity of intent remains 

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an integral part of Commonwealth
battery. 

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Some Commonwealth jurisdictions,
have moved toward the American 

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jurisprudence of substantial 
certain t. 

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If a reasonable person in the 
defendants position would 

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apprehend the substantial, 
certainty of the consequences of

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his actions. 
Whether the defendant intended 

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to inflict. 
The injuries is immaterial 

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bodily contact was there. 
Active as opposed to passive 

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contact between the bodies of 
the plaintiff and the defendant 

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consent did the plaintiff 
consent to the harmful contact. 

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The onus is on the defendant to 
establish, sufficient and 

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effective consent. 
False imprisonment false 

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imprisonment is defined as 
unlawful obstruction are 

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deprivation of freedom from 
Restraint of movement. 

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In some jurisdictions, false 
imprisonment is a tort of strict

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liability, no intention on the 
behalf of the defendant is 

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needed. 
But others require an intent to 

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cause the confinement, physical 
Force. 

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However, is not a necessary 
element and confinement need not

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be lengthy. 
The restraint must be complete. 

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That the defendant needn't 
resist. 

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Conveniently the American law 
Institute says restatement. 

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Second of torts distills, false 
imprisonment liability analysis 

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into a four-pronged test. 
The defendant intends to confine

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the plaintiff. 
This is not necessary in 

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Commonwealth jurisdictions. 
The plaintiff is conscious of 

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the confinement, Prosser rejects
this requirement. 

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The plaintiff does not consent 
to the confinement. 

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The confinement was not 
otherwise. 

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Privileged defenses childcare. 
Action depending on the 

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jurisdiction. 
Corporal punishment of children 

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by parents or instructors may be
a defense to trespass to the 

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person so long as the punishment
was reasonably necessary under 

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the circumstances to discipline 
a child who has misbehaved and 

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the defendant exercised, 
prudence and restraint, 

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unreasonable punishments. 
Such as violently, grabbing a 

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student's arm and hair have no 
defense. 

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Many jurisdictions, however, 
limit corporal punishment to 

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parents and a few such as New 
Zealand to have criminalized the

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practice. 
Consent. 

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Perhaps the most common defense 
for the torts of trespass to the

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person is that of volenti non 
fit injuria literally to a 

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willing person, no injury is 
done, but shortened to 

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consensual privilege or consent.
If a plaintiff participates in a

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sporting activity, in which 
physical contact is ordinary 

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conduct such as rugby. 
They are considered to have 

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consented This is not the case, 
if the physical contact went 

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beyond what could be expected 
such as the use of handgun 

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during a fist fight, as, in an 
underpant V10, Aquin or where 

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the injuries were suffered. 
Not from the plaintiffs 

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participation in the sport, but 
inadequate, safety measures 

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taken as in W and V. 
British boxing Board of control 

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limited where the plaintiff and 
defendant voluntarily agreed to 

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participate in a fight. 
Some jurisdictions will deny 

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relief in civil action so long 
as the injuries caused or in it 

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in an ordinary fight with fists.
There is no cause of action to 

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either of the combatants for any
injury. 

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Suffered other jurisdictions 
refuse to recognize consent as a

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defense to mutual combat and 
instead provide relief under the

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doctrine of comparative 
negligence Medical Care. 

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Gives rise to many claims of 
trespass to the person. 

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A physician treating a mentally 
competent. 

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Adult under, non emergency 
circumstances cannot properly 

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undertake to perform surgery or 
administer other therapy without

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the prior. 
Consent of his patient, should 

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he do? 
So, he commits a trespass to the

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person and is liable to damages.
However, if the plaintiff is 

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informed by a doctor of the 
broad risks of a medical 

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procedure, if there will be no 
claim under trespass against the

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person for resulting harm, 
caused the plaintiffs agreement 

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constitutes informed consent. 
In those cases where the patient

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does not possess sufficient 
mental capacity to consent. 

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Doctors must exercise Extreme 
Caution. 

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In f v, West Berkshire, health 
authority, the House of Lords. 

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Instructed, British Physicians 
that to justify operating upon 

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such an individual bear. 
One must be a necessity to act 

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when it is not practicable to 
communicate with the assisted 

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person. 
And to the action, taken, must 

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be such as a reasonable person 
would in all the circumstances, 

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take acting in the best 
interests of the assisted 

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person. 
Self-defense, defense of others,

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defense of property, 
self-defense or non-consensual 

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privilege. 
Has a valid defense to trusses 

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against the person, assuming 
that it constituted the use of 

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reasonable Force, which they 
honestly. 

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And reasonably believe is 
necessary to protect themselves 

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or someone else, or property the
force used must be proportionate

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to the threat as ruled and 
cockcroft V Smith. 

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Trespass to Goods trespass to 
chattels. 

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Also known as trespass to Goods 
or trespassed a personal 

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property, is defined as an 
intentional interference with 

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the possession of personal 
property approximately causing 

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injury while originally, a 
remedy for the asportation of 

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personal property, the tort 
cooker to incorporate any 

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interference, with the personal 
property of another In some 

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jurisdictions such as the United
Kingdom. 

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Trespass to chattels has been 
codified to clearly Define the 

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scope of the remedied in most 
jurisdictions, trespass to 

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chattel remains a purely, common
law remedy, the scope of which 

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varies by jurisdiction, 
generally trespass to chattels. 

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Possesses three elements, lack 
of consent. 

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The interference with the 
property must be non-consensual.

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Acclaimed is not live in 
acquiring the property. 

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The purchaser can sense 
contractually to. 

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Earn access by the seller. 
Any use exceeding, the consent, 

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authorized by the contract. 
Should it cause harm gives rise 

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to a cause for action. 
Actual harm, the interference 

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with the property must result in
actual harm. 

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The threshold for actual harm 
varies by jurisdiction in 

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California, for instance and 
electronic message. 

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May constitute a trespass If the
message interferes with the 

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functioning of the computer 
hardware, but the plaintiff must

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prove that this interference 
caused actual Hardware damage or

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actual impaired functioning 
Intentionality, the interference

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must be intentional what 
constitutes intention varies by 

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jurisdiction. 
However, the restatement second 

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of torts indicates at intention 
is present when an act is done 

202
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for the purpose of using or 
otherwise enter meddling with a 

203
00:11:09,508 --> 00:11:12,500
chattel or with knowledge. 
That such an inter meddling will

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to a substantial, certainty 
result from the act and 

205
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continues. it is not necessary 
that the actor should know or 

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00:11:19,600 --> 00:11:22,700
have reason to know that such 
inter meddling is a violation of

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the possessory rights of another
Remedies for trespass to chattel

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include damages, liability for 
conversion and injunction 

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depending on the nature of the 
interference. 

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Traditional applications 
trespass to chattels, typically 

211
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applies to tangible property and
allows owners of such property 

212
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to seek relief. 
When a third party intentionally

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interferes in the owners, 
possession of his personal 

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property, interference is often 
interpreted as the taking or 

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destroying of goods, but can be 
as minor is touching or moving 

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them in the right circumstances.
In Kirk V, Gregory the defendant

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moved jewelry, from one room to 
another where it was stolen. 

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The deceased donors executor 
successfully sued her for 

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trespass to chattel, 
furthermore, personal property 

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as traditionally construed 
includes living objects, except 

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where property interests are 
restricted by law. 

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Thus animals are personal 
property, but organs are not 

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modern US applications. 
In recent years, trespass to 

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chattels, has been expanded in 
the United States to cover it. 

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Tangible property including 
combating the proliferation of 

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unsolicited bulk email as well 
as virtual property interest in 

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online worlds. in the late 
1990s, American courts in large 

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trespass to chattels, first to 
include the unauthorized, use of

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long-distance telephone lines 
and later to include unsolicited

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bulk email In 1998, a federal 
court in Virginia held that. 

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00:12:51,100 --> 00:12:54,300
The owner of a marketing company
committed trespass to chattels 

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against an internet service 
providers computer network by 

233
00:12:57,600 --> 00:13:00,800
sending 60 million unauthorized,
email advertisements. 

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00:13:00,800 --> 00:13:05,300
After being notified that the 
spam was unauthorized in America

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00:13:05,300 --> 00:13:10,400
Online, Inc, v, l CGM, Inc. 
AOL successfully sued a 

236
00:13:10,400 --> 00:13:13,500
pornographic website for 
spamming AOL customers and 

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00:13:13,500 --> 00:13:18,000
forging the AOL domain name to 
trick customers by the new New 

238
00:13:18,000 --> 00:13:22,100
Millennium Tres Pista, chattel, 
expanded Beyond bulk email in 

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00:13:22,100 --> 00:13:25,600
eBay V, bitters, Edge a 
California Court, ruled that 

240
00:13:25,600 --> 00:13:28,300
bitters edges, use of a web 
crawler to collection 

241
00:13:28,300 --> 00:13:31,600
information from eBay's website,
constituted trespass, to 

242
00:13:31,600 --> 00:13:34,400
chattel, and further that a 
plaintiff in such a suit need 

243
00:13:34,400 --> 00:13:38,200
that proof that the interference
was substantial a number of 

244
00:13:38,200 --> 00:13:42,000
similar cases, followed until in
Intel V hamidi. 

245
00:13:42,000 --> 00:13:44,800
The Supreme Court of California 
held that a plaintiff must 

246
00:13:44,800 --> 00:13:47,800
demonstrate either actual 
interference with the physical 

247
00:13:48,000 --> 00:13:51,000
Analogy of the computer system 
or the likelihood that such 

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00:13:51,000 --> 00:13:53,000
interference would occur in the 
future. 

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00:13:53,600 --> 00:13:56,600
The hamidi decision quickly 
found acceptance at both the 

250
00:13:56,600 --> 00:14:01,200
federal and state level to date.
No, United States court has 

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00:14:01,200 --> 00:14:04,300
identified property rights and 
items acquired in Virtual 

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Worlds. 
Heretofore that virtual world 

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00:14:06,500 --> 00:14:09,600
providers have relied on, 
end-user license, agreements to 

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00:14:09,600 --> 00:14:13,900
govern user Behavior 
Nevertheless as Virtual Worlds, 

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00:14:13,900 --> 00:14:17,300
grow incidents of property 
interference, a form of griefing

256
00:14:17,300 --> 00:14:19,600
may make trespass to chattel in 
attractive. 

257
00:14:19,600 --> 00:14:23,200
Remedy for deleted, stolen are 
corrupted virtual property? 

258
00:14:24,300 --> 00:14:28,200
Tres pistol and trespass to land
involves the wrongful 

259
00:14:28,200 --> 00:14:30,600
interference with one's 
possessory rights in Real 

260
00:14:30,600 --> 00:14:33,600
Property. 
It is not necessary to prove 

261
00:14:33,600 --> 00:14:36,400
that harm was suffered to bring 
a claim and is instead 

262
00:14:36,400 --> 00:14:40,900
actionable per se, While most 
dresses to land or intentional, 

263
00:14:40,900 --> 00:14:43,900
British courts have held 
liability holds for trespass. 

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00:14:43,900 --> 00:14:48,800
Committed negligently Similarly,
some American courts will find 

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00:14:48,800 --> 00:14:52,000
liability for unintentional. 
Intrusions only wear such 

266
00:14:52,000 --> 00:14:54,800
intrusions arise under 
circumstances evincing 

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00:14:54,800 --> 00:14:59,100
negligence or involve a highly 
dangerous activity exceptions 

268
00:14:59,100 --> 00:15:02,600
exist for entering land. 
Adjoining a road unintentionally

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00:15:02,600 --> 00:15:05,800
such as in a car accident, as in
River, where Commissioners V, 

270
00:15:05,800 --> 00:15:10,500
Adamson in some jurisdictions 
trespass, while in possession of

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00:15:10,500 --> 00:15:13,700
a firearm, which may include a 
low-power are weapon without 

272
00:15:13,700 --> 00:15:15,900
ammunition constitutes a more 
grave. 

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00:15:16,100 --> 00:15:21,400
I'm of armed trespass subsoil 
and airspace aside from the 

274
00:15:21,400 --> 00:15:24,900
surface land includes the 
subsoil airspace and anything 

275
00:15:24,900 --> 00:15:28,000
permanently attached to the land
such as houses and other 

276
00:15:28,000 --> 00:15:30,600
infrastructure. 
This is literally explained by 

277
00:15:30,600 --> 00:15:32,800
the legal Maxim quick wit plan 
Tater. 

278
00:15:32,800 --> 00:15:37,700
Solo solo said it subsoil 
William blackstone's 

279
00:15:37,700 --> 00:15:40,900
commentaries on the laws of 
England, articulated, the common

280
00:15:40,900 --> 00:15:42,800
law principle. 
Qui assess Soul me. 

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00:15:42,800 --> 00:15:46,800
I USS do Squad, see Limited in 
Pharaoh's, Translating from 

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00:15:46,800 --> 00:15:49,000
Latin. 
As for whoever owns the soil, it

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00:15:49,000 --> 00:15:52,400
is, there's up to heaven and 
down to Hell in modern times 

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00:15:52,400 --> 00:15:55,500
courts, have limited the right 
of absolute dominion over the 

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00:15:55,500 --> 00:15:58,700
subsurface. 
For instance, drilling a 

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00:15:58,708 --> 00:16:01,600
directional well, that bottoms 
out beneath another's property 

287
00:16:01,600 --> 00:16:04,200
to access oil and gas reserves 
as trespass. 

288
00:16:04,200 --> 00:16:07,700
But a subsurface Invasion by 
hydraulic, fracturing is not 

289
00:16:08,600 --> 00:16:11,800
where mineral rights are severed
from surface ownership, it is 

290
00:16:11,800 --> 00:16:15,400
trespass to use another surface 
to assist in mining the minerals

291
00:16:15,400 --> 00:16:18,700
beneath that individuals 
property, but where an emergency

292
00:16:18,700 --> 00:16:22,000
responder accesses the 
subsurface following a blowout 

293
00:16:22,000 --> 00:16:23,800
in fire. 
No, trespass lies. 

294
00:16:24,800 --> 00:16:28,600
Even the possible subsurface. 
Migration of toxic waste stored 

295
00:16:28,600 --> 00:16:31,400
underground is not trespass, 
except where the plaintiff can 

296
00:16:31,400 --> 00:16:34,400
demonstrate that the actions 
actually interfere with the 

297
00:16:34,400 --> 00:16:36,900
owners, reasonable and 
foreseeable use of the 

298
00:16:36,900 --> 00:16:39,800
subsurface or in some 
jurisdictions that the 

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00:16:39,800 --> 00:16:43,200
subsurface trespasser knows with
substantial certainty that the 

300
00:16:43,200 --> 00:16:46,200
toxic liquids will migrate to 
the neighboring land. 

301
00:16:47,100 --> 00:16:51,400
Airspace, however, the domain of
landowners over air space is 

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00:16:51,400 --> 00:16:54,600
limited to the lower atmosphere 
in United States V. 

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00:16:54,600 --> 00:17:00,600
Cos B @ux, landowner domain was 
limited to the space below 365 

304
00:17:00,600 --> 00:17:04,500
feet, Justice, Douglas reasoned 
that should it find in the 

305
00:17:04,500 --> 00:17:07,900
landowners favor and accept the 
ancient doctrine that at common 

306
00:17:07,900 --> 00:17:11,000
law ownership of land extends to
the periphery of the universe 

307
00:17:11,000 --> 00:17:14,000
kuju zest, Sola me. 
Jesus do squats, Elam every 

308
00:17:14,000 --> 00:17:16,200
transcontinental flight would 
subject. 

309
00:17:16,200 --> 00:17:20,800
The Her to countless trespass, 
suits citizens have a right to 

310
00:17:20,800 --> 00:17:25,000
fly in the navigable airspace 31
years later in Bernstein of 

311
00:17:25,000 --> 00:17:28,099
Levy, Sky views, and general, 
limited and English Court. 

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00:17:28,099 --> 00:17:31,300
Reached a similar conclusion, 
finding an action for trespass 

313
00:17:31,300 --> 00:17:34,500
failed because the violation of 
airspace took place, several 

314
00:17:34,500 --> 00:17:38,800
hundred meters above the land. 
If the Latin Maxim were applied,

315
00:17:38,800 --> 00:17:41,700
literally it would lead to the 
absurdity of trespass, being 

316
00:17:41,700 --> 00:17:43,500
committed. 
Every time a satellite passed 

317
00:17:43,500 --> 00:17:46,100
over a Suburban Garden, 
Parliament. 

318
00:17:46,100 --> 00:17:50,800
Subsequently Reinforced bursting
in the civil aviation act 1982 

319
00:17:50,800 --> 00:17:52,500
providing that it is not 
trespass. 

320
00:17:52,500 --> 00:17:56,800
If the aircraft is flying, at a 
reasonable height objects, 

321
00:17:56,800 --> 00:17:59,500
hovering above a person's 
property, so attached to the 

322
00:17:59,500 --> 00:18:03,700
ground, May constitute trespass,
an overhanging crane can 

323
00:18:03,700 --> 00:18:07,500
constitute trespass as in 
willerton v costain as candidate

324
00:18:07,500 --> 00:18:11,400
foot advertising sign, as in 
calcined V Imperial tobacco. 

325
00:18:12,000 --> 00:18:15,300
However, should the overhang 
failed to generate actual harm. 

326
00:18:15,300 --> 00:18:18,400
The court may deny a plane. 
Tiff Equitable relief, despite 

327
00:18:18,400 --> 00:18:21,600
the technical trespass. 
Interference. 

328
00:18:22,100 --> 00:18:24,700
The main element of the tort is 
interference. 

329
00:18:24,900 --> 00:18:27,800
This must be both direct and 
physical with and direct 

330
00:18:27,800 --> 00:18:30,500
interference instead being 
covered by negligence, or 

331
00:18:30,500 --> 00:18:35,000
nuisance, interference covers, 
any physical entry to land as 

332
00:18:35,000 --> 00:18:38,300
well as the abuse of a right of 
Entry when a person who has the 

333
00:18:38,300 --> 00:18:40,800
right and enter the Lambda, 
something not covered by the 

334
00:18:40,800 --> 00:18:44,000
permission. 
If the person has the right to 

335
00:18:44,000 --> 00:18:46,900
enter the land, but remains 
after this right expires, this 

336
00:18:46,900 --> 00:18:50,600
is also trespass. 
It is also a trespass to throw 

337
00:18:50,600 --> 00:18:54,100
anything on the land. 
For the purposes of trespass, 

338
00:18:54,100 --> 00:18:57,300
the person who owns the land on,
which a road rests is treated as

339
00:18:57,300 --> 00:18:59,800
the owner. 
It is not however a trespass to 

340
00:18:59,800 --> 00:19:02,300
use that road. 
If the road is constructed with 

341
00:19:02,300 --> 00:19:05,700
a public use easement, or if by 
owner acquiescence or through 

342
00:19:05,700 --> 00:19:08,600
adverse possession, the road has
undergone a common-law 

343
00:19:08,600 --> 00:19:11,200
dedication to the public in 
Hickman. 

344
00:19:11,200 --> 00:19:15,800
Be Maisie and V Rivers, the 
courts established that any use 

345
00:19:15,800 --> 00:19:19,000
of a road that went beyond using
it for its normal purpose, could

346
00:19:19,000 --> 00:19:21,800
constitute a trespass. 
Although a landowners property 

347
00:19:21,800 --> 00:19:24,800
rights may be subject to the 
right of my passage the owner of

348
00:19:24,800 --> 00:19:27,100
the soil is still absolute 
Master. 

349
00:19:27,700 --> 00:19:30,100
British courts have broadened 
the rights, encompassed by 

350
00:19:30,100 --> 00:19:32,100
public easements in recent 
years. 

351
00:19:33,100 --> 00:19:36,100
Indy ppv Jones. 
The Court ruled that the public 

352
00:19:36,100 --> 00:19:39,400
highway is a public place which 
the public may enjoy for any 

353
00:19:39,400 --> 00:19:42,000
reasonable purpose. 
Providing that the activity in 

354
00:19:42,000 --> 00:19:45,100
question, does not amount to a 
public or private nuisance and 

355
00:19:45,100 --> 00:19:48,500
does not obstruct the Highway by
reasonably impeding the primary 

356
00:19:48,500 --> 00:19:50,800
right of the public to pass and 
repass. 

357
00:19:51,900 --> 00:19:54,500
Within These qualifications, 
there is a public right of 

358
00:19:54,500 --> 00:19:57,700
peaceful assembly on the 
highway, the principles 

359
00:19:57,700 --> 00:20:02,200
established in atoms remain. 
Valid in American law defenses. 

360
00:20:02,700 --> 00:20:05,800
There are several defenses to 
trust pistol and license 

361
00:20:05,800 --> 00:20:08,900
justification by law. 
Necessity and duterte. 

362
00:20:09,500 --> 00:20:12,400
License is Express or implied 
permission, given by the 

363
00:20:12,400 --> 00:20:14,500
possessor of land to be on that 
land. 

364
00:20:15,100 --> 00:20:18,000
These licenses are irrevocable. 
Unless there is a fly in the 

365
00:20:18,000 --> 00:20:22,700
agreement, or it is given by a 
contract once A license holder 

366
00:20:22,700 --> 00:20:25,400
becomes a trespasser, if they 
remain on the land, 

367
00:20:26,400 --> 00:20:30,100
justification by law, refers to 
those situations in which there 

368
00:20:30,100 --> 00:20:32,400
is statutory. 
Authority permitting, a person 

369
00:20:32,400 --> 00:20:35,700
to go onto land such as the 
England and Wales is police and 

370
00:20:35,700 --> 00:20:39,700
criminal Evidence Act 1984, 
which allows the police to enter

371
00:20:39,700 --> 00:20:41,700
land. 
For the purposes of carrying out

372
00:20:41,700 --> 00:20:44,700
an arrest or the California 
state constitution, which 

373
00:20:44,700 --> 00:20:48,000
permits protests on grocery 
stores and strip malls. 

374
00:20:48,900 --> 00:20:51,900
Despite their presenting a 
general nuisance to store owners

375
00:20:51,900 --> 00:20:54,800
and patrons Jew. 
Territory is where the defendant

376
00:20:54,800 --> 00:20:57,600
can prove that the land is not 
possessed by the plaintiff, but 

377
00:20:57,600 --> 00:21:01,800
by a third party, as in Dodi 
Carter V Barnard, this defense 

378
00:21:01,800 --> 00:21:04,000
is unavailable. 
If the plaintiff is a tenant and

379
00:21:04,000 --> 00:21:07,200
the defendant a landlord who had
no right to give the plaintiff 

380
00:21:07,200 --> 00:21:10,900
his lease EG An illegal 
apartment rental, an 

381
00:21:10,900 --> 00:21:14,700
unauthorized sublet Etc. 
Necessity is the situation in 

382
00:21:14,700 --> 00:21:18,300
which it is vital to commit the 
trespass in s0 petroleum Co V 

383
00:21:18,300 --> 00:21:21,100
Southport Corporation, the 
captain of a ship committed 

384
00:21:21,100 --> 00:21:24,900
trespass by allowing oil to 
flood a shoreline, this was 

385
00:21:24,900 --> 00:21:27,300
necessary to protect his ship 
and crew. 

386
00:21:27,400 --> 00:21:30,400
However in the defense of 
necessity was accepted 

387
00:21:31,200 --> 00:21:34,400
Necessity, does not however 
permitted defendant to enter 

388
00:21:34,400 --> 00:21:37,300
another's property when 
alternative the less attractive 

389
00:21:37,300 --> 00:21:41,900
courses of action exists. 
The content used in the podcast 

390
00:21:41,900 --> 00:21:45,200
is licensed by the Wikimedia 
Foundation Incorporated under a 

391
00:21:45,200 --> 00:21:48,600
Creative Commons 
attribution/share-alike license.

392
00:21:49,400 --> 00:21:53,200
The text has been modified for 
audio the content of these 

393
00:21:53,200 --> 00:21:56,500
podcasts is for informational 
purposes only and do not 

394
00:21:56,500 --> 00:22:00,500
constitute professional advice. 
These podcasts are not 

395
00:22:00,500 --> 00:22:02,800
associated with the Wikimedia 
foundation. 

396
00:22:02,800 --> 00:22:06,500
In any context. 
The content of this podcast was 

397
00:22:06,500 --> 00:22:11,900
last edited on March, 29, 2020. 
Hi, this is Annie from of wah. 

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00:22:11,900 --> 00:22:14,900
Simone, you're listening to a 
Creative, Commons, licensed 

399
00:22:14,900 --> 00:22:15,800
podcast.