trespass ab initio

trespass ab initio
A trespass from the beginning. A trespass by retrospective operation, the principle being that where an entry, authority, or license is conferred by law under which conduct otherwise constituting a trespass may be justified, an abuse of such authority will destroy the privilege and render the act done in excess of authority, a trespass from the beginning, that is, from the time of the entry. 52 Am J1st Tresp § 19.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • trespass ab initio — see trespass Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • trespass — tres·pass 1 / tres pəs, ˌpas/ n [Anglo French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass]: wrongful conduct causing harm to another: as a: a… …   Law dictionary

  • trespass — An unlawful interference with one s person, property, or rights. At common law, trespass was a form of action brought to recover damages for any injury to one s person or property or relationship with another. Any unauthorized intrusion or… …   Black's law dictionary

  • ab initio — From the beginning. See trespass ab initio; unlawful ab initio …   Ballentine's law dictionary

  • unlawful ab initio — Unlawful from the beginning. In cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio (from the beginning); and the parties are therefore separated pro salute animarum (for the welfare of their souls) …   Ballentine's law dictionary

  • R v Collins — English case infobox name=R v Collins court=Court of Appeal Criminal Division date decided= 5 May 1972 full name= The Crown against Collins citations= [1973] QB 100 judges= Edmund Davies and Stephenson L.JJ. and Boreham J. Cases cited=None… …   Wikipedia

  • Six Carpenters' Case — A celebrated case holding that refusal to pay for refreshment at a public tavern did not render a patron liable in an action of trespass as for an unlawful entry, because he had committed no trespass, and holding by way of dictum that the… …   Ballentine's law dictionary

  • trespasser — One who has committed trespass. One who intentionally and without consent or privilege enters another s property. One who enters upon property of another without any right, lawful authority, or express or implied invitation, permission, or… …   Black's law dictionary

  • List of law topics (A-E) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • action — ac·tion n [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a: a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense …   Law dictionary

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