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Alabama Tort Law
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
1-30 Alabama Tort Law 30.syn
Gregory S. Cusimano;; Michael L. Roberts
Next, the chapter discusses the property subject to trespass actions, including both real and personal property. It further distinguishes trespass to chattels from conversion. The chapter then examines the nature of the plaintiff's rights in the property, noting that possession is sufficient and legal title is not required. With regard to intent, the chapter explains that, to be liable, the defendant must have an intent to do the act leading to the trespass or have a wanton level of his state of mind; he need not intend to trespass per se. The chapter next covers the requirement that, to constitute a trespass, the act resulting in the injury must result from either a direct or constructive unlawful force.
In addition, the chapter discusses invasory trespasses, which are not inflicted directly on another's realty, but are committed by discharged foreign matter at a point beyond the boundary of such realty. It then reviews continuing trespasses, which occur when an invasion continues due to the failure of the one responsible to remove it.
With regard to defenses, the chapter explains that consent negates the wrongful element of the defendant's conduct and precludes liability for the tort. It also reviews the applicable statute of limitations within which trespass cases must be filed. Finally, the chapter describes the process for calculating damages to the property, as well as the statutory right to damages for the destruction, injury, or removal of trees.
Alabama Tort Law (Matthew Bender) is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.
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RELATED CHAPTERS: (View)
For more information on wantonness and willfulness, see Chapter 3, Wantonness and Willfulness.
For a discussion of conversion of personal property, see Chapter 29, Conversion.
For more information on damages, see Chapter 40, Compensatory Damages; Chapter 41, Compensatory Damages for Injured Property Interests; and Chapter 42, Punitive Damages.
For information on the sufficiency of evidence and burdens of proof, see Chapter 44, Evidentiary Issues in Torts.
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