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trespass ab initio

Latin · TRES-pass ab in-ISH-ee-oh · Torts

Meaning. Trespass from the beginning: an entry made under legal authority becomes unlawful from the start if that authority is abused.

Where a person enters land under authority given by law (not by the owner's permission) and then abuses that authority by a positive wrongful act, his original entry is treated as a trespass from the beginning. The rule comes from the Six Carpenters' Case (1610), which also held that a mere omission (non-payment for wine) does not make the entry a trespass ab initio.

The doctrine applies to entries by legal authority, such as a police officer or bailiff, and not to entries by licence of the owner. English courts have since doubted it (Chic Fashions v. Jones, Court of Appeal, 1968), but it is still taught as part of Indian tort law.

Example

The officer who entered under a search warrant and then took away articles not covered by it was liable for trespass ab initio.

In Indian law

  • The Six Carpenters' Case (King's Bench, 1610)

See also

trespass · ab initio

Read more in the study notes

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