6.5 Trespass

This is the intentional or negligent interference of goods in possession of the plaintiff. This tort protects a party interest in goods with regard to retention their physical condition and invariability.

Types/Forms of trespass

1. Taking a chattel out of the possession of another
2. Moving a chattel
3. Contact with a chattel
4. Directing a missile to a chattel

Rules/Requirements of the Tort

1. The trespass must be direct
2. The plaintiff must be in possession of the chattel at the time of interference
3. The tort is actionable per se
4. 1. Plaintiff’s consent
   2. Necessity
   3. MistakeThe principal remedy is a monetary award in damagesDefenses 

   Remedies:

   1. Damages: Monetary compensation for the harm or damage caused by the trespass.
   2. Injunction: A court order preventing the defendant from continuing or repeating the trespass.
   3. Ejectment: An order requiring the defendant to leave the plaintiff’s property.
   4. Recovery of personal property: If the trespass involved interference with personal property, the plaintiff may seek the return of the property or compensation for its value.