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Tort law: Property torts - Trespass

Law School

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The Defense of Trespass to the Person

Some jurisdictions refuse to recognize consent as a defense to mutual combat and instead provide relief under the doctrine of comparative negligence. A physician, treating a mentally competent adult under non-emergency circumstances, cannot properly undertake to perform surgery or administer other therapy without the prior consent of his patient. The threshold for actual harm varies by jurisdiction. Trespistigods is defined as an intentional interference with the possession of personal property approximately causing injury.

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