Torts
Restatement (Second) of Torts § 75
Study notes for Restatement (Second) of Torts § 75: professor notes, cold call prep, exam angles, and memory aids.
Intent in trespass involves either the purpose to enter land or knowledge that entry is substantially certain to happen.
Restatement (Second) of Torts § 75 emphasizes the intentional nature of trespass to land, specifying that liability hinges on the actor's intent to enter the land or knowledge that such an entry is substantially certain to occur. This critical distinction highlights that mere negligence or accident is insufficient to establish trespass; the offending party must possess a level of intent that supports liability. Professors often stress the importance of understanding what constitutes 'intent' in this context, as it is nuanced and not merely confined to a desire to trespass but extends to knowledge of the likely outcome of one's actions.
In discussing § 75, it is also vital to distinguish between the types of intent—namely, direct intent versus indirect intent (or knowledge of substantial certainty). This understanding of intent not only affects trespass cases but also serves as a foundational principle across tort law as a whole. Students should be prepared to connect these principles to broader themes in tortious liability, including the implications of intent on other areas like assault and battery.
Intent to enter or certain to happen = Trespass on land.
| Case | Distinction |
|---|---|
| Ploof v. Putnam | In Ploof, the necessity defense negated intent due to emergency circumstances, protecting the actor from trespass liability. |
| Jacques v. Steenberg Homes, Inc. | Jacques emphasized damages associated with trespass, focusing on intent to trespass and the actual harm done, unlike § 75’s broader definition. |
The rule promotes accountability for individuals who knowingly enter onto others' property, fostering respect for property rights.
Critics argue that the strict requirement for intent may result in unjust outcomes, where individuals unintentionally harm property without malicious intent.
Assessments may require you to analyze fact patterns for potential trespass to land scenarios, focusing on the intent of the party involved based on § 75. You may also be asked to compare and contrast cases to explore the concept of intent in tort law.