Resolved – 1. When an entry, authority, or licence, is given to any one by the law, and he abuses it, he shall be a trespasser ab initio: but not where the entry, authority, or licence, is given by the party. 2. An act of omission cannot make a party a trespasser ab initio.
Note. * Tender upon the land before the distress, makes the distress tortious ; tender after the distress, and before the impounding, makes the detainer and not the taking wrongful ; tender after the impounding, makes neither the one nor the other wrongful.*
* If the plaintiff makes a sufficient tender after the avowant has return irreplevisable, he may have an action of detinue for the detainer after; or he may, upon satisfaction made in Court, have a writ for the re-delivery of the goods.
[1572] EngR 452, (1572-1616) 8 Co Rep 146, (1572) 77 ER 695
Commonlii
England and Wales
Cited by:
Cited – Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs SC 11-Jun-2014
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.432418