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Eduncle posted an MCQ
October 17, 2019 • 19:41 pm 0 points
  • UGC NET
  • Law

Which of the following is a leading case on trespass ab initio ?

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    Eduncle Best Answer

    Trespass Ab Initio : Abuse of authority: If one who is entitled by law to do an act abuses his authority to do it he is said to be trespass ab initio. His act is reckoned as unlawful from the very beginning however innocent his conduct may have been up to the moment of his abuse.
    Elias vs. Pasmore (1934) : Two policemen lawfully entered premises to arrest one of the plaintiffs and whilst on the premises took possession of a large number of documents. Some rightfully and some wrongfully. They were not liable as trespass ab initio.
    Six Carpenters Case (1610) : Six carpenters entered a tavern asked for wine and paid for it. After wards they asked a second supply but refuse to pay for it. Held that mere non-payment was a nonfeasance which was not sufficient to render them trespasser ab initio.

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