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Law of Torts, Motor Accident Claims and Consumer Protection · Unit 15

Torts & Consumer exam question: 'Trespass to land is actionable per

The question (8 marks)

'Trespass to land is actionable per se.' Explain the tort of trespass to land, its essentials, trespass ab initio, and the defences. (8 marks)

Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.

Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.

It tests Unit 15 · Trespass to Property of Law of Torts, Motor Accident Claims and Consumer Protection.

Authorities you will need

  • Madhav Vithal Kudwa v Madhavdas Vallabhdas
  • Kelsen v Imperial Tobacco Co [1957] 2 QB 334
  • The Six Carpenters' Case (1610) 8 Co Rep 146a
  • Entick v Carrington (1765) 19 St Tr 1029

How an answer is marked

A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.