Law of Torts - Defences & Remedies To Trespass

Defences

(1) Licensee: is permission given to another enter the land.

Contractual licensee v Gratuitous licensee

Gratuitous licence can be revoked at will by the lecturer - LADANG V SUPPIAH

(2) Justification by law

(3) Necessity

Mistake NO defence

MDF PROP. v MADIHILLDEV

Pt wants a mandatory injunction for df to remove the barrier coz he said local authority approved it. Df argued stating trespass & nuisance and they're seeking a perpetual prohibiting Injunction. Held: Pt was e trespasser whether he knew it or not.

Remedies

(1) Damages

(2) Injunction: order by the ct compelling def to do or refrain from doing a certain act.

(3) Self help:

A person entitled to possession can enter or re-enter the

premises and may use necessary force.

Section 7 of Specific Relief Act provides for re-entry BUT must enter

the land using no more force than necessary

(4) Ejectment: A person dispossessed of his land can recover It by an action for

recovery of land.

Section 7 and 8 of Specific Relief Act:

Section 7 provides for self help but if it felt that more force is needed then it must resort to the law.

POH SWEE SIANG

Section 41 National Land Code: no limitation period to bring action for recovery of land,

Section 48 National Land Code: title of land can't be acquired by possession, unlawful occupation or occupation under any license for any period.

(5) Action for Mesne Profits