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==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''trespas'', from Anglo-French, passage, overstepping, misdeed, from ''trespasser''.
Old French ''trespas'' passing across, passage, transgression of an order or [[law]], [[offence]]
*[http://en.wikipedia.org/wiki/13th_century 13th Century]
==Definitions==
*1a : a [[violation]] of [[moral]] or [[social]] [[ethics]] : transgression; especially : [[sin]]
:b : an unwarranted infringement
*2a : an unlawful [[act]] committed on the [[person]], [[property]], or rights of another; especially : a wrongful entry on real [[property]]
==Description==
'''Trespass''' is an area of [http://en.wikipedia.org/wiki/Tort_law tort law] broadly divided into three groups: trespass to the [[person]], trespass to chattels and trespass to [[land]].
Trespass to the [[person]], historically involved six separate trespasses: threats, [[assault]], battery, wounding, mayhem, and maiming. Through the [[evolution]] of the common law in various [[jurisdictions]], and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the [[person]]: [[assault]], which is "any act of such a [[nature]] as to excite an apprehension of battery"; battery, "any [[intentional]] and unpermitted [[contact]] with the plaintiff's person or anything attached to it and practically identified with it"; and false [[imprisonment]], the "unlaw[ful] obstruct[ion] or depriv[ation] of [[freedom]] from restraint of [[movement]]."
Trespass to chattels, also known as trespass to [[goods]] or trespass to [[personal]] [[property]], is defined as "an [[intentional]] [[interference]] with the [[possession]] of personal property...proximately caus[ing] injury." Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of...the [[personal]] [[property]]" of another gives cause of [[action]] for trespass. Since CompuServe Inc. v. Cyber Promotions, various [[courts]] have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.
Trespass to [[land]], the form of trespass most associated with the term trespass, refers to the "wrongful [[interference]] with one's possessory rights in [real] [[property]]." Generally, it is not [[necessary]] to prove [[harm]] to a possessor's legally protected interest; liability for unintentional trespass varies by [[jurisdiction]]. "[A]t common [[law]], every unauthorized entry upon the [[soil]] of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly [[dangerous]] activity.[http://en.wikipedia.org/wiki/Trespass]
[[Category: Law]]
==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''trespas'', from Anglo-French, passage, overstepping, misdeed, from ''trespasser''.
Old French ''trespas'' passing across, passage, transgression of an order or [[law]], [[offence]]
*[http://en.wikipedia.org/wiki/13th_century 13th Century]
==Definitions==
*1a : a [[violation]] of [[moral]] or [[social]] [[ethics]] : transgression; especially : [[sin]]
:b : an unwarranted infringement
*2a : an unlawful [[act]] committed on the [[person]], [[property]], or rights of another; especially : a wrongful entry on real [[property]]
==Description==
'''Trespass''' is an area of [http://en.wikipedia.org/wiki/Tort_law tort law] broadly divided into three groups: trespass to the [[person]], trespass to chattels and trespass to [[land]].
Trespass to the [[person]], historically involved six separate trespasses: threats, [[assault]], battery, wounding, mayhem, and maiming. Through the [[evolution]] of the common law in various [[jurisdictions]], and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the [[person]]: [[assault]], which is "any act of such a [[nature]] as to excite an apprehension of battery"; battery, "any [[intentional]] and unpermitted [[contact]] with the plaintiff's person or anything attached to it and practically identified with it"; and false [[imprisonment]], the "unlaw[ful] obstruct[ion] or depriv[ation] of [[freedom]] from restraint of [[movement]]."
Trespass to chattels, also known as trespass to [[goods]] or trespass to [[personal]] [[property]], is defined as "an [[intentional]] [[interference]] with the [[possession]] of personal property...proximately caus[ing] injury." Trespass to chattel, does not require a showing of damages. Simply the "intermeddling with or use of...the [[personal]] [[property]]" of another gives cause of [[action]] for trespass. Since CompuServe Inc. v. Cyber Promotions, various [[courts]] have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.
Trespass to [[land]], the form of trespass most associated with the term trespass, refers to the "wrongful [[interference]] with one's possessory rights in [real] [[property]]." Generally, it is not [[necessary]] to prove [[harm]] to a possessor's legally protected interest; liability for unintentional trespass varies by [[jurisdiction]]. "[A]t common [[law]], every unauthorized entry upon the [[soil]] of another was a trespasser", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly [[dangerous]] activity.[http://en.wikipedia.org/wiki/Trespass]
[[Category: Law]]