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First Principles of Business Law |
| Liability in tort for wrongful conduct |
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2. Trespass to land |
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2.1. Wrongful interference with 'real' property |
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Read the example below, and then answer the questions. A leases retail premises from C and starts a business selling CDs and music tapes. A notices that B, the owner of a competing business in the same street, visits A's shop every Friday, takes note of A's special offers and then advertises similar competing specials. A tells B that she does not want him in her shop again. But the very next week she sees B enter her shop, walk around and then leave. A wants to know if she can bring a legal action against B to stop him entering her shop. |
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1. The tort of trespass to land protects a person's interests in real property against physical intrusion. Does this protection extend to buildings? 2. A, the plaintiff in this case, is not the owner of the shop - she only leases it from C. Is she nevertheless entitled to an action against B for trespass to land? 3. Could B successfully defend an action brought by A by arguing that entry to a shop is necessarily permitted? 4. To obtain relief, must A be able to prove that she has suffered actual damage, such as loss of business? |
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