Defences to the above torts (trespasses)
- Trespass to person: Consent – where the plaintiff consents, his claim will be bad. The consent must be real.
- Self-defence: Trespass to person is justified if it is committed in reasonable defense.
- Trespass to land:
- Necessity – Defence is available where intentional damage is done In order to prevent a greater evil.
- Prescription – A plea of a new owner who has acquired land prolonged possession against the registered owner’s action to recover land.
- Trespass to goods.
- Retaking of goods.
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