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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

Remedies for Trespass

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ISBN13: 9780851216669
ISBN: 0851216668
Published: November 1990
Publisher: Sweet & Maxwell Ltd
Format: Paperback
Price: Out of print

The remedies available for trespass to land - whether civil judicial remedies, those arising under the criminal law or the extra-judicial remedies of self-help - are drawn together in this practitioners' guide. The book provides swift and accurate access to the law and includes the most important decisions on interlocutory injunctions.

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Part 1 The tort of trespass: cause of action - nature of trespass to land, meaning of possession, accrual of the cause of action; meaning of ""land"", surface, airspace, and subsoil, classification of trespass, trespass by abuse of legal right; defences - licence given by plaintiff, licence given by law, easement of right of way or entry, necessity, retaking of goods, limitation of action.
Part 2 Civil remedies: injunction - the remedy generally, parties, principles on which granted in trespass actions, exceptional circumstances, suspension of injunction, damages in addition or in lieu, procedure; declaration - the remedy generally, parties, declaration in trespass actions, procedure; damages - the remedy generally, nominal damages, damages for use and occupation, physical damage to land, damages for severance and removal, non-pecuniary loss - annoyance, inconvenience and discomfort, exemplary and aggravated damages, procedure; recovery of possession - the remedy generally, possession claimed by action, summary possession procedure, postponement and suspension of order, setting aside order, enforcement.
Part 3 Criminal remedies: adverse occupation of residential premises - the remedy generally, definitions, defences; aggravated trespass to land - the remedy generally, preconditions of operation, definitions, defences; unauthorized camping of gipsies - the remedy generally, definitions, defences; criminal trespass - trespass on particular premises, trespass for particular purposes.
Part 4 Self-help remedies: prevention of entry - physical protection of property, protection by guard dogs; eviction and re-entry - direct self-help, indirect self-help, damages for unlawful eviction. Appendices: Satutes; rules; precedents.