Tort - The Law of Tresspass

TORT LAW
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Trespass is a tort law that deals with intentional or direct invasion of a claimant ́s interest
in either a person ́s goods, land or other property. In contemporary society, trespass is one of the
medieval forms of action. Trespass can be a case which is covers injury which results from
consequential wrong and the wrong was not direct and not forcible. This law is very significant
to contemporary society (a society which is categorized by innovation, technology, and
globalization). For such an industrialized society there needs to be higher protection of the
property as well as protecting the locals from several types of pollution like air pollution, water
pollution and noise pollution which emerges from the industries.
The law of trespass helps in the protection of land and its enjoyment, this is undiminished
importance in contemporary society as people need land and its resources to ensure that they
fully exploit the resources on the land. This law gives the owner of the land equivalent protection
but via the law of torts1. Therefore direct intrusion on the property of another person falls within
the province of the old tort of trespass. The intrusion may succeed minus any evidence of special
damage and is defeated just by a narrowly defined plea like that of imminent necessity or even
by inevitable accident. Other land ́s interest nevertheless, gets more qualified protection. Other
wrongs of trespass which are known as the miscellany of wrongs which include the
encroachment of branches, roots to falling tiles and slates from the surrounding roofs are covered
by the amorphous tort of private nuisance.
1 Anderson, Owen L. "Lord Coke, the Restatement, and Modern Subsurface Trespass Law." Tex. J. Oil
Gas & Energy L. 6 (2010): 203.
Atkinson, Katie. "Introduction to the special issue on modeling Popov v. Hayashi." Artificial Intelligence
and Law 20, no. 1 (2012): 1-14.

The amorphous torts of private nuisance also cover some trespass to land like
interference like smells, noise, and pollution. In the contemporary, there might be a lot of noise
pollution which comes from the nearby industries, thus this law will ensure that these industries
install noise absorbers to limit the amount of noise released to the surrounding2. The same can
be for other types of pollution like air pollution and water pollution where this law will force
these companies in contemporary society to treat their waste materials before they release them
to the surrounding. In case a company releases untreated gases or liquid chemicals then the
surroundings have the right to sue the company over the law of trespass under the amorous tort
of private nuisance.
A good example of this was for the case of the metal processing company in Southern
California. Techalloy Company Inc. was sued for allegedly emitting and also improperly
disposing of a volatile organic compound like Trichloroethylene, ammonia, and
Tetrachloethylene into the surrounding air, water and soil which highly possess the health of the
locals into danger. I this case, several companies were termed defendants like South Califonia
chemical Inc., Central wire Inc., Technallot Company Inc. All these companies which were
defendants were charged with repeated violation of the United States Environmental Protection
policies, being reckless and negligent according to the law of trespassing into the land and its
enjoyments.
2 Chianu, Emeka. Law of Trespass to Land and Nuisance. New System Press Limited, 2014.
Claeys, Eric R. "On the property and the'Tort'in Trespass." Chapter for The Philosophical Foundations of
The Law of Torts, John Oberdiek, ed.(Oxford University Press), Forthcoming (2013): 13-29.
Depoorter, Ben. "Fair Trespass." Colum. L. Rev. 111 (2011): 1090.