Page 93 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
P. 93
Politeknik Kota Bharu
3.4.3 TRESPASS
• Imply overstepping boundaries and assuming possession of
other’s property or crowding onto the right of others,
unlawfully.
• General elements of trespass:
• A positive act, as an opposed to an omission.
• Direct act of defendant (to the plaintiff, his land, or goods).
• The tort of trespass is actionable per se = proven without
plaintiff having to prove damage or loss.
Figure 3.1: Type of Trespass
81
