45 Writ of Trespass In TOPIC TWO you will learn about a group of Tortious Liabilities loosely referred to as Intentional Torts . In early days of the Common Law, Trespass to Land was the most eminent of all Intentional Torts. These (ie Intentional Torts) forms of Tortious Liability were the earliest Torts to break away from the ancient system of revenge and retaliation. Intentional Torts later developed into various forms of Tortious and Contractual liabilities we know today as Nuisance, Defamation, Negligence, Nervous Shock etc. The old writ of trespass , [the origin of all forms of liability we know of today], lay only for forcible , direct and immediate injury to either plaintiff’s land , or person or property . It was important then for the complainant to show that there was a forcible, direct and immediate interference with land or property or the person of the plaintiff. You will later [in topic Two ] realise that the modern Law of Trespass bears all these "Forms of Action " old ingredients of the early days of "forcible, direct and immediate". The word Forcible includes any act of physical interference with the person or property of another. To lay one’s finger on another person without lawful justification is as much a forcible injury in the eye of the law. To walk peacefully across another man’s land is a forcible injury and a trespass no less than to
