Trespass Ab Initio - Law Dictionary Search Results
Home Dictionary Name: trespass ab initiotrespass ab initio
trespass ab initio see trespass ...
Ab initio
Ab initio [Lat.] (from the beginning). A person who abuses an authority given him by law becomes a trespasser ab initio, i.e., is liable as a trespasser from the beginning. See the Six Carpenters' case, (1611) 8 Rep. 146; 1 Smith's L.C. a party making an irregular distress for rent is not deemed a trespasser ab initio, by virtue of the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 19. A second distress may be good if the first is void ab initio, Grunnel v. Welch, (1906) 2 KB 555....
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
ab initio
ab initio [Latin] : from the beginning [a contract found to be void ab initio] ...
Clausula que abrogationem excludit ab initio non valet
Clausula que abrogationem excludit ab initio non valet [Lat.], A clause which excludes abrogation avails not from the beginning....
Perpetua lex est, nullam legem humanam ac positivam perpetuam esse; et clausula qu' abrogationem excludit, ab initio non valet
Perpetua lex est, nullam legem humanam ac positivam perpetuam esse; et clausula qu' abrogationem excludit, ab initio non valet. Bacon.-(It is an everlasting law, that no positive human law shall be perpetual; and any part of an enactment which purports to admit of no repeal, is void from the beginning.)...
Quod ab initio non valet, in tractu temporis non convalescit
Quod ab initio non valet, in tractu temporis non convalescit (4 Rep. 2), that which is bad from the beginning does not improve by length of time....
Trespass to land
Trespass to land. For trespass by entry or user of land without right or beyond the limits of a right, no damage need be proved (see also AB INITIO and DAMAGE FEASANT). Trespass by occupation of land is a continuing damage which is actionable from day to day so long as the trespassing person or object remains on the land, but see SUPPORT, and cases cited under that title. The plaintiff must show that he was in possession at the time of the alleged trespass, not merely a right of the alleged trespass, not merely a right of possession or infringement of a licence, but having entered he is entitled to sue for trespass from the date of the accrual of the right or to 'trespass by relation,' e.g., to mesne profits. Jus tertii or the extraneous right o another who is not in possession is no defence to an action of trespass. See also Air Navigation Act, 1920, s. 9....
Acta exteriora indicant interiora secreta
Acta exteriora indicant interiora secreta [Lat.], External actions show internal secrets.The law, in some cases, judges of a man's previous intentions by his subsequent acts. On this principle, if a man abuse and authority given him by the law, he becomes a trespasser ab initio....
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
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